
    South & North Ala. Railroad Co. v. Bradley.
    
      Suit toy Cleric for Court Costs.
    
    1. Action by clerk, against successful party, for costs incurred. — An action lies in favor of a circuit clerk, against the successful party in a civil suit, for subpoenas issued, at his instance, or other official services rendered, although these items were included in the judgment for costs rendered against the unsuccessful party.
    Appeal from Jefferson Circuit Court.
    Tried before Hon. L. E. Box.
    This was a suit by R. C. Bradley, on the common counts fox a sum of money due him as clerk of the Circuit Court of Jefferson county, for issuing siibpamas for the defendant’s witnesses, at the instance and request of defendant, in cases brought against defendant in said Circuit Court by different parties, but in which suits, on the trial, the defendant was tbe successful party; tbe costs accruing at tbe instance of tbe said defendant in sucb cases, having never been paid to said Bradley. Tbe court gave tbe general charge in favor of plaintiff.
    Hewitt, Walker & Porter, for appellant,
    cited Code of 1886, § 2837.
    Gillespy & Smyer; and Webb & Tillman, contra,
    
    cited 69 Ala. 318; 71 Ala. 44)6; 78 Ala. 318; Ib. 1; 51 Ala. 488.
   SOMEBTVTLLE, J.:

Tbe fees due tbe plaintiff, as compensation for official services performed by him, at tbe request of tbe defendant, being sucb as were authorized by law, constituted a debt, for which an action of debt, or indebitatus assumpsit would clearly lie. And tbe provisions of tbe statute, authorizing a judgment to be rendered in favor of tbe successful party for costs in civil actions (Code of 1886, § 2837), is no bar to tlie maintenance of such a suit. Hill v. White, 1 Ala. 576; Carville v. Reynolds, 9 Ala. 969; Tillman v. Wood, 58 Ala. 578; Dane v. Loomis, 51 Ala. 487: Bradley v. State, 69 Ala. 318.

Tbe judgment is affirmed.  