Legal Opinion

Cook v. Burke

Supreme Court of Alabama

Decided May 28, 1912PublishedCited by 17 opinions

Appeal from Cullman Circuit Courl. Heard, before Hon. D. W. Speaks. Mandamus by R. I. Burke, Judge, against B. E. Cook, County Treasurer. From a judgment granting a peremptory writ, respondent appeals.

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Appeal from Cullman Circuit Courl. Heard, before Hon. D. W. Speaks. Mandamus by R. I. Burke, Judge, against B. E. Cook, County Treasurer. From a judgment granting a peremptory writ, respondent appeals. The petition was not sufficient and the court erred in overruling demurrers thereto. — Sec. 3693, Code 1907; Tolbert v. 7/ale, 131 Ala. 144; Troup v. Moryan County, 109 Ala. 162. Tlie effect of the act of 3890-1, p. 262, was to leave, the subject of the county court blank, so far as Cullman County was concerned. — Larkin v. Simmons, 155 Ala. 575. In 1900-1. House Bill 894 ivas introduced with…

1Opinion of the CourtSayre, J.

This appeal brings under review the judgment of the circuit court of Cullman county by which a peremptory writ of mandamus was awarded against appellant, as treasurer of Cullman county, commanding him.to register certain warrants as claims against the *157general fund of the county. The warrants had been issued by the board of county commissioners to provide for the payment of fees claimed by appellee as judge of the county court of Cullman under the provisions of an act approved March 1/1901, entitled “An act to confer additional jurisdiction upon the county court of Cull-man county, Alabama,…

2Cases cited4 opinions

  1. Maxwell v. StateSupreme Court of Alabama · 1889
  2. State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
  3. Stein v. LeeperSupreme Court of Alabama · 1885
  4. Larkin v. SimmonsSupreme Court of Alabama · 1908

3Cited by17 opinions

  1. Opinion of the JusticesSupreme Court of Alabama · 1956
  2. Magee v. BoydSupreme Court of Alabama · 2015
  3. Mobile County v. State Ex Rel. CammackSupreme Court of Alabama · 1940
  4. Cherokee County v. SavageSupreme Court of Alabama · 1947
  5. State Ex Rel. Holcombe v. Mobile CountySupreme Court of Alabama · 1940

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