State ex rel. Ellis v. Board of Revenue of Jefferson Co.
Supreme Court of Alabama
Mandamus. Appeal from Jefferson Circuit Court. Heard, before Hon. A. A: Coleman. Mandamus by the State on the relation of C. C. Ellis, a justice of the peace, against the Board of Revenue of Jefferson County, and others, to compel the hoard to allow and pay certain claims for costs. Judgment for respondents and relator appeals.
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Mandamus. Appeal from Jefferson Circuit Court. Heard, before Hon. A. A: Coleman. Mandamus by the State on the relation of C. C. Ellis, a justice of the peace, against the Board of Revenue of Jefferson County, and others, to compel the hoard to allow and pay certain claims for costs. Judgment for respondents and relator appeals. Execution or bond issue proceedings upon a judgment obtained against the county are not authorized by law. — Edmundson v. DeKalb County, 51 Ala. 107. The county treasurer is not authorized to disburse funds except on warrant or in certain cases specially provided for.…
1Opinion of the CourtMayfield, J.
Relator is a justice of the peace for precinct 9 in Jefferson county. In his court, as such *192justice, a great number of civil suits were brought against road defaulters. These suits were brought, in the name of the county, under local acts for that county (section 19, Local Laws, Jefferson County, p. 741). This section corresponds to, or is a substitute for, section 5808 of the Civil Code of 1907. The county failed in a number of these suits, and in others, in which it succeeded, execution was issued against the defendants, and returned, “No property found,” whereupon judgments were rendered…
2Cases cited5 opinions
- Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894
- Dale County v. GunterSupreme Court of Alabama · 1871
- Edmondson v. De Kalb CountySupreme Court of Alabama · 1874
- Marengo County v. LylesSupreme Court of Alabama · 1893
- Portwood v. Board of SupervisorsMississippi Supreme Court · 1876
3Cited by3 opinions
- Board of Revenue & Road Commissioners v. State ex rel. DragoSupreme Court of Alabama · 1911
- Weakley v. HenrySupreme Court of Alabama · 1920
- Lovelady v. CopelandSupreme Court of Alabama · 1917