Weakley v. Henry
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Dan A. Green, Jiidge. John B. Weakley and Eugene Eies sought by motion for summary judgment and by petition for mandamus to compel M. Y. Henry, as Treasurer of Jefferson County, to pay a warrant issued to them by the county board. Prom an order denying their motion for a summary judgment, as well as for a mandamus, petitioners appeal.
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Appeal from Circuit Court, Jefferson County; Dan A. Green, Jiidge. John B. Weakley and Eugene Eies sought by motion for summary judgment and by petition for mandamus to compel M. Y. Henry, as Treasurer of Jefferson County, to pay a warrant issued to them by the county board. Prom an order denying their motion for a summary judgment, as well as for a mandamus, petitioners appeal. The question for decision is: Has the board of revenue for Jefferson county the authority to employ or contract with bond brokers or dealers, negotiate for purchasers, or to procure purchasers for county bonds? The…
1Opinion of the CourtThomas, J.
The petition or motion is to compel the payment of the warrant drawn by the board of revenue of Jefferson county on the treasurer of that county, as compensation and commissions for services rendered by petitioners in negotiating the sale of $500,-000 of the county road bonds. The question for decision was made by two separate proceedings, which, by agreement of the parties, have been consolidated, since the relief sought is identical.
The one petition seeks mandamus against said treasurer, commanding him to show cause why a peremptory writ should not be issued, commanding him to pay…
2Cases cited56 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
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3Cited by11 opinions
- Tuscaloosa County v. ShamblinSupreme Court of Alabama · 1936
- Stovall v. City of JasperSupreme Court of Alabama · 1928
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- Wallace v. BallSupreme Court of Alabama · 1921
- State Ex Rel. Towle v. StoneSupreme Court of Alabama · 1938
6 more not listed; retrieve them via the Exa API.