Legal Opinion

Rhodes v. Marengo County Bank

Supreme Court of Alabama

Decided May 12, 1921No. 2 Div. 764PublishedCited by 8 opinions

Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Petition by Roy G. Rhodes, for mandamus to be directed to the Marengo County Bank,as county depositary for Marengo county, requiring it to pay a certain -warrant issued by the commissioners’ court'of said county, payable to one B. E. Whitcombe, and properly assigned to petitioner. Erom a decree denying the writ, petitioner appeals.

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Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Petition by Roy G. Rhodes, for mandamus to be directed to the Marengo County Bank,as county depositary for Marengo county, requiring it to pay a certain -warrant issued by the commissioners’ court'of said county, payable to one B. E. Whitcombe, and properly assigned to petitioner. Erom a decree denying the writ, petitioner appeals. The facts found by the court trying the cause, and directed to be here reproduced, are as follows: That the contract, upon which the warrant in this proceeding is based, was made and entered into by the…

1Opinion of the CourtSayre, J.

Application by appellant for a writ of mandamus to compel the respondent. bank, as county depositary for Marengo county, to pay a warrant drawn by the commissioners’ court in favor bf B. E. Whitcomb, and by him assigned to appellant. The parties agree that it shall be considered for the purpose of this case that appellant has the same right to relief that his assignor would have had in the absence of an assignment. In the trial court the application was denied, after which this appeal. The facts are stated in the trial court’s opinion and judgment, which will be reproduced in the report of…

2Cases cited9 opinions

  1. Askew v. Hale CountySupreme Court of Alabama · 1875
  2. Commissioners Court v. RatherSupreme Court of Alabama · 1872
  3. White v. Mayor of DecaturSupreme Court of Alabama · 1898
  4. Board of Revenue Shelby County v. Farson, Son & Co.Supreme Court of Alabama · 1916
  5. Mayor of Anniston v. HurtSupreme Court of Alabama · 1903

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ramage, Parks & Co. v. FolmarSupreme Court of Alabama · 1929
  2. Bullock County v. SherlockSupreme Court of Alabama · 1942
  3. Ramage, Parks & Co. v. FolmarSupreme Court of Alabama · 1926
  4. Carroll v. ButtramSupreme Court of Alabama · 1999
  5. Crumly v. HenrySupreme Court of Alabama · 1930

3 more not listed; retrieve them via the Exa API.

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