117 So. 311 | Ala. | 1928
This case is transferred from the Court of Appeals pursuant to the statute having application. Section 7326, Code.
The plaintiff took a nonsuit with a bill of exceptions for adverse ruling on demurrer to the several counts of the complaint. *688
The question presented is whether or not the board of revenue of a county had authority to make a contract with plaintiff as counsel or attorneys for said county board or court to extend beyond the term of the board as it existed at the time of the execution of such contract.
We think not. It is contrary to public policy or injurious to the interest of the public, in that the effect would be "tying the hands of the succeeding board and depriving the latter of their proper powers." Such succeeding board, as personally constituted, should at all times be free to select its own confidential legal advisor. Such has been the ruling in New York, Ohio, New Jersey, Indiana, Illinois, Kansas, Iowa, and Colorado. 15 C. J. 542; Board of Com'rs of Jay County v. Taylor,
In the case of Clark v. Eagerton,
The judgment of the circuit court is affirmed.
ANDERSON, C. J., and SOMERVILLE and BROWN, JJ., concur.