DocketNumber: 2 Div. 213.
Citation Numbers: 21 So. 2d 678, 246 Ala. 558, 1945 Ala. LEXIS 238
Judges: Foster, Gardner, Thomas, Stakely
Filed Date: 4/12/1945
Status: Precedential
Modified Date: 10/19/2024
This suit is by a petition filed by appellee, who is the sheriff of Dallas County, and against the county to obtain a declaratory judgment as to the ownership as between him and the county of the reward of fifty dollars in each case provided for in section 102, Title 29, Code 1940.
The controversy is controlled by a proper answer to the question of whether such reward is a fee, commission, allowance, or other compensation provided by law (other than his salary fixed by the Constitution) so as to require him as sheriff to "cover the same into the county treasury" under constitutional amendment XLVI (see, Pocket Supplement, Title 1-6, Code 1940), whereby a fixed salary is provided for the sheriff, and requiring him to collect all such named fees, and cover them into the county treasury.
We gave consideration to one aspect of the question in the case of Mosely v. Kennedy,
The trial court held that appellee was not required to cover the amount of such fees into the county treasury, and we agree with that holding.
Affirmed.
GARDNER C. J., and THOMAS and STAKELY, JJ., concur.