Sessions v. Boykin
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Tried before the LIon. Henry D. Clayton. This was an application by Sessions & Leary, for a mandamus to compel Boykin, who was the treasurer of Bullock county, to pay certain claims which they held, out of the fine and forfeiture fund. The petition alleged, that they were the owners of certain lawful and valid claims against the fine and forfeiture fund, which had been duly registered in the proper book by the treasurer.
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Appeal from Bullock Circuit Court. Tried before the LIon. Henry D. Clayton. This was an application by Sessions & Leary, for a mandamus to compel Boykin, who was the treasurer of Bullock county, to pay certain claims which they held, out of the fine and forfeiture fund. The petition alleged, that they were the owners of certain lawful and valid claims against the fine and forfeiture fund, which had been duly registered in the proper book by the treasurer. The petition then sets out the names of the persons who originally owned the claims, and av.ers, generally, that each and all of said…
1Opinion of the CourtClopton, J.
The general rule is, that to entitle a party to a mandamus, there must concur a specific legal right, and the absence of any other specific and adequate legal remedy. The adequacy of another legal remedy, so as to prevent interposition by mandamus, is tested by its sufficiency to place the party in the position he occupied before the omission of duty complained of, or would have occupied if the duty had been performed. The statute makes it the duty of the county treasurer, whenever there is a surplus of the funds arising from fines and forfeitures, over and above the sum required to pay the…
2Cases cited9 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Fremont v. CrippenCalifornia Supreme Court · 1858
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
- Humphreys v. BurlesonSupreme Court of Alabama · 1882
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3Cited by21 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- McCoy v. HandlinSouth Dakota Supreme Court · 1915
- Whiteman v. TaberSupreme Court of Alabama · 1919
- State ex rel. Brickman v. WilsonSupreme Court of Alabama · 1898
- Jackson County v. DerrickSupreme Court of Alabama · 1897
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