Legal Opinion

Commissioners' Court v. Goldthwaite

Supreme Court of Alabama

Decided January 15, 1860PublishedCited by 2 opinions

Appeal from the Circuit Court of Pike. Tried before the Hon. John Gill Shorter. The appellee in this ease, who was the clerk of the circuit court of Pike, presented an account to the commissioners’ court of said county, amounting to $72 50, for books and stationery furnished by him for the use of his office during the years 1857 and 1858, and asked its allowance as a claim against the county under section 660 of the Code.

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Appeal from the Circuit Court of Pike. Tried before the Hon. John Gill Shorter. The appellee in this ease, who was the clerk of the circuit court of Pike, presented an account to the commissioners’ court of said county, amounting to $72 50, for books and stationery furnished by him for the use of his office during the years 1857 and 1858, and asked its allowance as a claim against the county under section 660 of the Code. The commissioners’ court rejected all that portion of the account which was for blank writs, subpoenas, witness-certificates, &c., on the ground that those articles did not…

1Opinion of the CourtStone, J.

If this question rested alone on section 660 of the Code, we should doubt if printed blanks came under the general designation, stationery. This doubt, however, is removed by the act approved February 8th, 1858. — Pamph. Acts, 45. The last clause of the thii’d section of that act characterizes blanks as stationery. This is a legislative interpretation of the word, and, influenced by it, we hold that blanks, such as are the subject of the present controversy, are stationery within section 660 of the Code.

[2.] There is no error in the judgment for costs. — Court of County Commissioners v.…

2Cases cited1 opinion

  1. Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859

3Cited by2 opinions

  1. Crook v. Commissioners CourtSupreme Court of Alabama · 1905
  2. Henrie v. Columbia CountySuperior Court of Pennsylvania · 1901

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