Torbert v. Hale County
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. John Moore. This action was brought by the appellant, William E. Torbert, against Hale county, to recover of the county a sum of money alleged to be clue the plaintiff by the county for services rendered by him while sheriff of said county in attendance upon the terms of the circuit and county courts of said county. The complaint contained two counts, as stated in the opinion.
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Appeal from the Circuit Court of Hale. Tried before the Hon. John Moore. This action was brought by the appellant, William E. Torbert, against Hale county, to recover of the county a sum of money alleged to be clue the plaintiff by the county for services rendered by him while sheriff of said county in attendance upon the terms of the circuit and county courts of said county. The complaint contained two counts, as stated in the opinion. The defendant filed a demurrer to each of the counts, which assigned in various ways the ground that there was in law no warrant or authority by' which the…
1Opinion of the CourtTyson, J.
The complaint contains two counts. The first seeks to enforce a liability against the county for services rendered by the plaintiff, in his official capacity as sheriff, for attendance upon the county court. The second, for services rendered for attendance upon the circuit court during and while that court ivas engaged in the trial of criminals. ' A demurrer' going to the right of the plaintiff to have compensation for the *145services rendered by him was sustained to each of the counts.
“The law of fees and costs must be held to be penal and no fee must be demanded or received except expressly…
2Cases cited2 opinions
- State ex rel. Pollard v. BrewerSupreme Court of Alabama · 1877
- Troup v. Morgan CountySupreme Court of Alabama · 1895
3Cited by13 opinions
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- Leckenby v. Post Printing & Publishing Co.Supreme Court of Colorado · 1918
- Herrmann v. Mobile CountySupreme Court of Alabama · 1918
- State Ex Rel. Holcombe v. StoneSupreme Court of Alabama · 1936
- State v. StockwellNorth Dakota Supreme Court · 1911
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