Tennessee & Coosa Railroad v. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried, before the Hou. Nat. Cooic. This was an application by the'appellant, a corporation chartered by act of the legislature of this State, approved on the 16th January, 1844, (Session Acts-1843-4, p. 170,) for a rule nisi against the governor of the State, to show cause why a peremptory mandamus should not be issued, commanding him to draw his warrant on the comptroller or 'treasurer of the State, in favor of the petitioner, for a…
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Appeal from the Circuit Court of Dallas. Tried, before the Hou. Nat. Cooic. This was an application by the'appellant, a corporation chartered by act of the legislature of this State, approved on the 16th January, 1844, (Session Acts-1843-4, p. 170,) for a rule nisi against the governor of the State, to show cause why a peremptory mandamus should not be issued, commanding him to draw his warrant on the comptroller or 'treasurer of the State, in favor of the petitioner, for a certain portion of the two and three per cent, funds, claimed by the petitioner under an act of the legislature…
1Opinion of the CourtR. W. Walker, J.
In support of the action oí the circuit court, three distinct propositions have been assorted and argued before us: 1st, that the court has not the power, in any case, to issue a mandamus to the governor of the State; 2d, that a mandamus does not lie in this case, even if the company is entitled to the money claimed, because the right to the issuance of a warrant is not a specific legal right, for which there is no adequate legal remedy; and, 3d, that the failure of the company to comply with the requisitions of the act of February 24th, 1860, (Acts ’59-60, p. 110,) justified the governor in…
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