Board of Revenue v. Southern Bell Telephone & Telegraph Co.
Supreme Court of Alabama
Appeal from City Court of Montgomery; Gaston Gunter, Judge. Application by the Southern Bell Telephone & Telegraph Company for mandamus to the board of revenue of Montgomery county,- to compel said board to draw its warrant on the county treasurer in a certain sum upon the certificate of the judge of probate, reciting that the appellee had made erroneous payments of franchise taxes for certain tax years named 'therein. From a decree granting the writ, respondent appeals.
1Opinion of the CourtAnderson, C. J.
[1] The trial court did not err in declining to quash the preliminary writ to show cause. It is unlike the one considered in the ease of Longshore v. State ex rel. Turner, 137 Ala. 636, 34 South. 684. There the writ commanded the respondents to appear and show cause why .they have neglected and refused to discharge the duties enjoined upon them under the ordinance of the constitutional convention. It did not command them to show cause against the issuance of a peremptory writ coercing the action desired, but the command was that they show cause not why they should he compelled to act, but why…
2Cases cited6 opinions
- Allgood v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1916
- Longshore v. State ex rel. TurnerSupreme Court of Alabama · 1902
- Bigbee Fertilizer Co. v. SmithSupreme Court of Alabama · 1914
- Lovelady v. Loveman, Joseph & LoebSupreme Court of Alabama · 1915
- Smith v. Tennesse Coal, Iron & RailroadSupreme Court of Alabama · 1915
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3Cited by17 opinions
- In Re the Appeal of MartinSupreme Court of North Carolina · 1974
- Board of Education of Jefferson County v. StateSupreme Court of Alabama · 1930
- Baltimore County v. Churchill, Ltd.Court of Appeals of Maryland · 1974
- Smith v. GraysonSupreme Court of Alabama · 1926
- Helms v. Alabama Pension CommmissionSupreme Court of Alabama · 1935
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