Schloss v. Hewlett
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This suit was brought by the appellee, Tbos.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This suit was brought by the appellee, Tbos. G. Hewlett, against the appellant, Joseph H. Schloss, and resulted in a verdict in favor of Hewlett for $5089.05. The material facts are stated, in the opinion. 1. A deputy marshal is an officer for whose appointment, qualifications and removal, the laws of the United States expressly provide. — Rev. Stat. U. S. §§ 781, 782, 787; Desty’s Federal Procedure, pp. 397, 400, The deputy marshal’s fees are regulated by law. — Des. Fed. Proc., § 841, and note. The remedy of a…
1Opinion of the CourtSomerville, J.
— The suit is brought by the plaintiff, Hewlett, to recover of the defendant a large sum of money which he claims to have earned, as fees of office, through his own services and those of eleven assistants or sub-deputies, while acting as United States deputy marshal, the-plaintiff having acted in such capacity by appointment of the defendant, who was himself a United States marshal.
The contract .between the plaintiff and the defendant, Schloss, according to the plaintiff’s version, was in substance *268briefly this: The plaintiff was to employ and pay his under deputies, and was to receive…
2Cases cited11 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Bliss v. . LawrenceNew York Court of Appeals · 1874
- Cary v. StateSupreme Court of Alabama · 1884
- Lynde v. the CountySupreme Court of the United States · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Board of Education of Marshall County v. BaughSupreme Court of Alabama · 1941
- United States v. ClarkDistrict Court, S.D. Alabama · 1965
- National Bank v. FinkTexas Supreme Court · 1893
- Stewart v. SampleSupreme Court of Alabama · 1910
- Holt v. ThurmanCourt of Appeals of Kentucky · 1901
17 more not listed; retrieve them via the Exa API.