Legal Opinion

Stone v. State ex rel. Holcombe

Supreme Court of Alabama

Decided June 30, 1916PublishedCited by 6 opinions

Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Petition by W. H. Holcombe in the name of the State for mandamus to issue to George E. Stone as treasurer requiring him to number and register a warrant in the order in which it was presented. From a judgment granting the writ, respondent appeals.

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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Petition by W. H. Holcombe in the name of the State for mandamus to issue to George E. Stone as treasurer requiring him to number and register a warrant in the order in which it was presented. From a judgment granting the writ, respondent appeals. The board of revenue and road commissioners of Mobile county audited and allowed a claim against the county by appellee, who is the sheriff of said county, amounting to $324, and consisting of fees for guarding prisoners in the county jail. After the allowance of the said…

1Opinion of the CourtSayre, J.

Appellee’s brief in its first paragraph, which the reporter will reproduce, correctly states the nature of this case.

By the act of February 21, 1907 (Local Acts, p. 86), amending the act which established the inferior criminal court of Mobile, it was provided as follows: “That the same costs shall be taxed and collected in the said inferior criminal court, and in the same manner as is provided by sections 4574, 4576 and 4577 of the Code.

The reference was to sections of the Code of 1896. Section 4574 dealt with the fees of justices of the peace; section 4576, which has been brought forward in…

2Cases cited3 opinions

  1. Mobile County v. WilliamsSupreme Court of Alabama · 1913
  2. County of Mobile v. PowersSupreme Court of Alabama · 1893
  3. State ex rel. Drago v. SmithSupreme Court of Alabama · 1914

3Cited by6 opinions

  1. Herrmann v. Mobile CountySupreme Court of Alabama · 1918
  2. Cabler v. Mobile CountySupreme Court of Alabama · 1935
  3. Kilgore v. SwindleSupreme Court of Alabama · 1929
  4. Jefferson County v. CapanesSupreme Court of Alabama · 1938
  5. Brosius Homes Corp. v. BennettCourt of Appeals of Maryland · 1953

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