General

MILLER, TREASURER, v. PAYNE

173 Ala. 723·Alabama Supreme Court·1911·AL

Dowdell, C. J., McClellan and Mayfield, J., concurring.

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Opinion

MILLER, TREASURER, V. PAYNE. (Decided Jan. 30, 1911.) Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. J. D. Payne was appointed by the judges of the city court of Birmingham to act as bailiff of said court, and the county treasurer having refused to pay his monthly salary, he applied for and obtained a mandamus requiring him to pay such salary. The case of Miller v. Griffith, was brought by Griffith as the appointee of the sheriff, and not of the judges. Nati-ian L. Miller,, and Needham A. Graham, for appellant. No counsel marked for appellee. [MAJORITY — Simpson, J.] Simpson, J. Affirmed on authority of Miller v. Griffith, 171 Ala. 337, 54 South. 650. Dowdell, C. J., McClellan and Mayfield, J., concurring.