Marengo County Bank v. Miller

Alabama Court of Appeals

Marengo County Bank v. Miller

75 So. 632, 16 Ala. App. 84, 1917 Ala. App. LEXIS 149

CourtAlabama Court of Appeals

DecidedMay 29, 1917

Docket2 Div. 171.

StatusPublished

This text of 75 So. 632 (Marengo County Bank v. Miller) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marengo County Bank v. Miller, 75 So. 632, 16 Ala. App. 84, 1917 Ala. App. LEXIS 149 (Ala. Ct. App. 1917).

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Opinion

SAMFO'RD, J.

The question as to whether the county of Marengo constitutes a separate circuit, if it was ever open to doubt, has been correctly settled in the case of Smith v. Stiles, 195 Ala. 107, 70 South. 905. The judge of that circuit is a circuit judge, and not only has the authority, but it is his duty, to appoint a competent court reporter. That having been done, and the movant having performed the service and received the proper certificate, it became the duty of the bank, acting for the county, to pay the entire amount. Acts 1915, p. 881, § 5. The act referred to is not dependent upon any law that may have failed of passage. It stands by itself and is broad enough, to provide as many court reporters as there are circuit judges in the state, and, when they are provided and perform the service, the county or counties comprising the circuit must pay them.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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SAMFO'RD, J.

The question as to whether the county of Marengo constitutes a separate circuit, if it was ever open to doubt, has been correctly settled in the case of Smith v. Stiles, 195 Ala. 107, 70 South. 905. The judge of that circuit is a circuit judge, and not only has the authority, but it is his duty, to appoint a competent court reporter. That having been done, and the movant having performed the service and received the proper certificate, it became the duty of the bank, acting for the county, to pay the entire amount. Acts 1915, p. 881, § 5. The act referred to is not dependent upon any law that may have failed of passage. It stands by itself and is broad enough, to provide as many court reporters as there are circuit judges in the state, and, when they are provided and perform the service, the county or counties comprising the circuit must pay them.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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Bluebook (online)

75 So. 632, 16 Ala. App. 84, 1917 Ala. App. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marengo-county-bank-v-miller-alactapp-1917.

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