Miller v. State ex rel. Paris
Supreme Court of Alabama
Appeal from'Birmingham City Court. Heard before Hon. O. W. Ferguson. ■ Petition for mandamus "by Parris, as coroner of Jefferson county to require the treasurer of said county to pay him fees earned as coroner without having the same audited and allowed by the Board of Revenue. The treasurer answered setting up the want of authority to pay said claims before they were audited and allowed by the hoard. Demurrers were sustained to the-answer and a peremptory writ granted.
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Appeal from'Birmingham City Court. Heard before Hon. O. W. Ferguson. ■ Petition for mandamus "by Parris, as coroner of Jefferson county to require the treasurer of said county to pay him fees earned as coroner without having the same audited and allowed by the Board of Revenue. The treasurer answered setting up the want of authority to pay said claims before they were audited and allowed by the hoard. Demurrers were sustained to the-answer and a peremptory writ granted. The appellant is under no legal duty to pay the warrant drawn by the coroner and is under no duty to pay any warrant except…
1Opinion of the CourtDowdell, J.
This is a proceeding on petition foe a mandamus against the defendant, Miller, as treasurin' *496of Jefferson county, to compel him as sucli treasurer to pay petitioner’s claim for fees as coroner of Jefferson county for holding' an inquest. The petitioner’s claim was duly itemized and verified, and presented to the defendant as treasurer for payment, and was refused. The refusal of the treasurer was put upon the ground that the claim of the petitioner had not been audited and allowed by the board of revenue of Jefferson county, and until that was done he (the treasurer) was not authorized under…
2Cases cited1 opinion
- Jefferson County v. AbernathySupreme Court of Alabama · 1903
3Cited by1 opinion
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913