Legal Opinion

Macon County v. Abercrombie

Alabama Court of Appeals

Decided May 1, 1913PublishedCited by 6 opinions

Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. . Action by Macon County against Milo Abercrombie as probate judge, and the sureties on his official bond to recover money collected by Mm as judge of probate for ex-officio services rendered in relation to public roads. Judgment for defendant and plaintiff appeals.

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Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. . Action by Macon County against Milo Abercrombie as probate judge, and the sureties on his official bond to recover money collected by Mm as judge of probate for ex-officio services rendered in relation to public roads. Judgment for defendant and plaintiff appeals. No officer is entitled to compensation .as fees or costs unless there is a plain provision of law entitling bim to the same. — Torbett v. Hale County, 181 Ala. 143; Troup v. Morgan County, 109 Ala. 162; Naftel v. Montgomery County, 127 Ala. 563; Jack v. Moore, 66…

1Opinion of the Court

PELHAM, J. —

This action is brought by the county against the judge of probate and the sureties on his official bond to recover moneys collected by the judge of pro*149bate for services performed, or duties discharged, in relation to the public roads of the county, which the appellant contends he was not entitled to collect. These moneys were collected by the judge of probate under the provisions of an act of the Legislature to amend section 3720 of the Code (Acts 1911, p. 154), which changes the amount fixed by section 3720 allowed as compensation to judges of probate for “discharging his duties…

2Cases cited3 opinions

  1. Troup v. Morgan CountySupreme Court of Alabama · 1895
  2. Torbert v. Hale CountySupreme Court of Alabama · 1901
  3. Macon County v. AbercrombieSupreme Court of Alabama · 1913

3Cited by6 opinions

  1. Barr v. BlackstoneSuperior Court of Delaware · 1940
  2. Davis v. CurtisSupreme Court of Alabama · 1915
  3. Dean Butch Wilson v. John W. Jones, Jr.Court of Appeals for the Eleventh Circuit · 2000
  4. Dean Butch Wilson v. John W. Jones, Jr.Court of Appeals for the Eleventh Circuit · 2000
  5. Dean Butch Wilson v. John W. Jones, Jr.Court of Appeals for the Eleventh Circuit · 2000

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