State ex rel. Grant v. Gibson

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought in the district court of Montgomery county to compel Mel Gibson, as sheriff of the county, to receive and confine in the county jail Pearl Thompson, a female person who had been convicted on a charge of assault and battery, sentenced to pay a fine of one dollar and the costs taxed at $17, and it was alleged that she had failed to pay the fine and costs. Thereupon a commitment in due form was issued to the sheriff, who refused to execute it. An alternative writ was issued reciting a conviction, failure to pay the…