Brown v. Gay-Padgett Hardware Co.
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Mandamus by the Gay-Padgett Hardware Company, to require Dallas Brown as county treasurer, to pay certain county warrants. Prom an order granting re^ lief Treasurer Brown appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Mandamus by the Gay-Padgett Hardware Company, to require Dallas Brown as county treasurer, to pay certain county warrants. Prom an order granting re^ lief Treasurer Brown appeals. The county had already incurred a debt of more than the constitutional allowance, and the claims here sought to be paid are debts attempted to be created against the county in contravention of § 234, Constitution 1901, and the court was in error in granting the petition. — Gunter v. Hack-worth, 62 South. 101. Mandamus is the proper remedy.- — -26…
1Opinion of the Court
MAYFIELD, J. —
Appellee applied to the circuit court for a writ of mandamus, to be directed to appellant, as county treasurer for Jackson county, commandihg and requiring him to pay certain warrants issued by the probate judge of Jackson county in pursuance of an order of the commissioners’ court of said county. These warrants were issued to various holders for various claims against the county. One claim was for road tools, supplies, and materials, furnished pursuant to a prior order of the court setting apart $300 to pay for such tools and supplies so furnished. One of the claims was for the…
2Cases cited8 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Speed v. CockeSupreme Court of Alabama · 1876
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Norwood v. GoldsmithSupreme Court of Alabama · 1910
- State ex rel. Norwood v. GoldsmithSupreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Hasty v. Marengo County BankSupreme Court of Alabama · 1920
- Farson, Son & Co. v. BirdSupreme Court of Alabama · 1916
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