Irwin v. Jefferson County

GARDNER, Justice.

Though there is an irreconcilable conflict in the decided cases, yet the weight of authority is’ to the effect that payment of a salary of an office to a de facto incumbent discharging its duties exonerates the government or political body from the payment thereof to the de jure officer. Such conclusion rests in the main upon the broad ground of public policy. The authorities are collated in the note to Hittell v. City of Chicago, 55 A. L. R. 994, and 43 C. J. 688. This court in Walden v. Town of Headland, 156 Ala. 562, 47 So. 79 (properly interpreted by the Court of Appeals…