Wyker v. Francis
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Heard before the Hon. PI. C. Speake. The appellee, W. R. Francis, filed his application, addressed to the Judge of the Eighth Judicial Circuit, asking for the issuance of a writ of mandamus to the appellant, J. D. Wyker, as treasurer of the city of Decatur, commanding him to pay certain, claims against the city which the petitioner owned and had presented for payment.
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Appeal from the Circuit Court of Morgan. Heard before the Hon. PI. C. Speake. The appellee, W. R. Francis, filed his application, addressed to the Judge of the Eighth Judicial Circuit, asking for the issuance of a writ of mandamus to the appellant, J. D. Wyker, as treasurer of the city of Decatur, commanding him to pay certain, claims against the city which the petitioner owned and had presented for payment. The substance of the facts averred in the petition are sufficiently set forth in the opinion. The respondent demurred to the petition upon the grounds : 1st. That the petitioner was not…
1Opinion of the CourtDowdell, J.
Motion is made to dismiss the appeal in this case on two grounds : First, because, as it is contended, the appeal was not taken within thirty days after the rendition of judgment in the circuit court; second, because, “after the thirty days allowed appellant in which to take an appeal had expired, and before any appeal bond was presented to or filed with the clerk of the circuit court of Morgan county, a peremptory writ of mandamus was issued and served upon appellant.” Considexing the two grounds in the inverse order as stated above, it is difficult to understand how the issuance of the…
2Cases cited11 opinions
- Ray v. WilsonSupreme Court of Florida · 1892
- Chickaming v. CarpenterSupreme Court of the United States · 1883
- Sessions v. BoykinSupreme Court of Alabama · 1884
- State ex rel. Thomas v. Treasurer of Callaway CountySupreme Court of Missouri · 1869
- People ex rel. Stuart v. EdmondsNew York Supreme Court · 1854
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3Cited by13 opinions
- Kinney v. WhiteSupreme Court of Alabama · 1926
- Commissioners Court Tuscaloosa Co. v. State ex rel. City of TuscaloosaSupreme Court of Alabama · 1913
- Weakley v. HenrySupreme Court of Alabama · 1920
- Western Paving v. Bd. of Com'rs of LincolnSupreme Court of Oklahoma · 1938
- Brown v. Gay-Padgett Hardware Co.Supreme Court of Alabama · 1914
8 more not listed; retrieve them via the Exa API.