Kahn v. Locke
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before lion. Joint Moore. On the 4th April, 1881, Bamberger, Bloom & Co., Wood-ruff & North and Kahn, Wolf & Sons sued out attachments against A. S. Jeffries, which were levied by James W. Locke, the sheriff of Hale county, oh a stock of goods belonging to Jeffries.
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Appeal from Hale Circuit Court. Tried before lion. Joint Moore. On the 4th April, 1881, Bamberger, Bloom & Co., Wood-ruff & North and Kahn, Wolf & Sons sued out attachments against A. S. Jeffries, which were levied by James W. Locke, the sheriff of Hale county, oh a stock of goods belonging to Jeffries. These goods, excepting a part claimed by the defendant in attachment, as exempt, were, under an order of court, sold by the sheriff, and the proceeds of sale paid over to the plaintiffs in the attachments, thereby satisfying in full judgments rendered in favor of Bamberger, Bloom & Co. and…
1Opinion of the CourtStone, J.
The true construction of our statutes, as ruled by this court, is, that for services rendered by ministerial officers, when the law fixes and defines the fees or commissions, the officer shall receive no other or greater compensation for the services thus enumerated, than the law declares. The legislature, in its wisdom, has fixed the rate on an average scale and while for some services he is required to render, his compensation may be inadequate, by reason of the particular circumstances attendant on that service, in others it will be found ample, if not bountiful, by reason of the light…
2Cases cited4 opinions
- Tillman v. WoodSupreme Court of Alabama · 1877
- Dent & Magruder v. StateSupreme Court of Alabama · 1868
- Lee v. SmyleySupreme Court of Alabama · 1849
- Chenault v. WalkerSupreme Court of Alabama · 1849
3Cited by3 opinions
- Brock v. Berry, Demoville& Co.Supreme Court of Alabama · 1901
- Smith v. HuddlestonSupreme Court of Alabama · 1893
- Dawson v. MatthewsSupreme Court of Alabama · 1894