Legal Opinion

Acuff v. Weaver

Alabama Court of Appeals

Decided June 22, 1920No. 7 Div. 654PublishedCited by 6 opinions

Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Motion by G. W. Weaver, as Judge of the County Court of Shelby County, for summary judgment against W. L. Acuff, as County Treasurer, for failure to pay warrant drawn in his favor for salary as such C'ounty Judge. From a decree granting the writ, the Treasurer appeals.

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Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Motion by G. W. Weaver, as Judge of the County Court of Shelby County, for summary judgment against W. L. Acuff, as County Treasurer, for failure to pay warrant drawn in his favor for salary as such C'ounty Judge. From a decree granting the writ, the Treasurer appeals. The act has the effect to repeal the general act making all clerks of circuit courts ex officio clerks of county courts, and takes away all fees. This is not expressed in the title. The true purpose of the act was not otherwise specified in the title, and…

1Opinion of the Court

The general act approved September 18, 1915, provides:

"1. That all the fees allowed in the county court by sections 6655 and 6656 of the Code, or any other provisions of law, be and the same are hereby required to be paid into the county treasury as collected.
"2. That there shall be paid out of the county treasury to the judge of the county court an annual salary in equal monthly installments of three hundred dollars in counties having less than twenty-five thousand population and in counties having twenty-five thousand population and less than thirty-five thousand population four hundred and…

2Cases cited2 opinions

  1. Norwood v. GoldsmithSupreme Court of Alabama · 1910
  2. City Council v. ReeseSupreme Court of Alabama · 1906

3Cited by6 opinions

  1. Walker County v. BarnettSupreme Court of Alabama · 1946
  2. Evans v. LongSupreme Court of Alabama · 1933
  3. Alabama Constables Ass'n v. WallaceSupreme Court of Alabama · 1986
  4. Goolsby v. StateAlabama Court of Appeals · 1925
  5. Goolsby v. StateSupreme Court of Alabama · 1925

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