Legal Opinion

Ryan v. Collins

Supreme Court of Alabama

Decided April 13, 1916Published

Appeal from Morgan County Law and' Equity Court. Heard before Hon. Thomas W. Wert. Application by F. M. Collins for mandamus to T. R. Ryan, as treasurer of Morgan county, to compel him to pay the amount due on a witness certificate. From a decree granting the writ, the treasurer appeals. The following is the certificate directed to be set out: Grand Jury Certificate. The State of Alabama, Morgan County. Jim Garth The State v. Grand Jury.

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Appeal from Morgan County Law and' Equity Court. Heard before Hon. Thomas W. Wert. Application by F. M. Collins for mandamus to T. R. Ryan, as treasurer of Morgan county, to compel him to pay the amount due on a witness certificate. From a decree granting the writ, the treasurer appeals. The following is the certificate directed to be set out: Grand Jury Certificate. The State of Alabama, Morgan County. Jim Garth The State v. Grand Jury. No. 777. Law and Equity Court, Spring Term, 1912. Having proved attendance as a witness before the grand jury at said term, one day and for miles traveling…

1Opinion of the CourtGardner, J.

By this proceeding petitioner (appellee here) seeks by mandamus to compel appellant, as treasurer of Morgan county, to pay the amount due on a witness certificate *480issued to one Garth by the foreman of the grand jury of 'the law and equity court of Morgan county, and which certificate is owned by the petitioner. The certificate, with the indorsement of the clerk of the court thereon, is made an exhibit to the petition and will be set out in the report of the case.(1) One of the assignments of demurrer takes the point that the petitioner shows no right for an order commanding respondent to pay…

2Cases cited4 opinions

  1. Herr v. SeymourSupreme Court of Alabama · 1884
  2. Scruggs v. StateSupreme Court of Alabama · 1895
  3. Sanders v. Court of County CommissionersSupreme Court of Alabama · 1897
  4. Alston v. YerbySupreme Court of Alabama · 1895

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