Ex parte State
Supreme Court of Alabama
Application by petition, filed by Tennent Lomas, Esq., solicitor of Montgomery county, for tbe writ of “prohibition, certiorari, or other appropriate writ,” directed to Hon. Thos. M. Arrington, judge of the City Court of Montgomery, to annul and vacate an order made by him, directed to the clerk of said court, commanding him to “issue to Smith Pierce a certificate of full payment of the costs adjudged against him in the case named in his application therefor.”
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Application by petition, filed by Tennent Lomas, Esq., solicitor of Montgomery county, for tbe writ of “prohibition, certiorari, or other appropriate writ,” directed to Hon. Thos. M. Arrington, judge of the City Court of Montgomery, to annul and vacate an order made by him, directed to the clerk of said court, commanding him to “issue to Smith Pierce a certificate of full payment of the costs adjudged against him in the case named in his application therefor.” The petition, with accompanying exhibits, shows these facts: Smith Pierce was indicted for an assault with intent to murder, and was…
1Opinion of the CourtStone, C. J.
The amendment of section 4731 of the Code of 1876, approved February 26, 1881 (Sess. Acts, 37), declared a limit on the term for which a convicted offender can be sentenced to hard labor for non-payment of costs. Code of 1886, § 4504. Before that time, the only limit was the amount of costs adjudged, at the rate the statute permitted the presiding judge to fix as the per diem allowance. The amended statute fixed the limit of the sentence for costs, in convictions of misdemeanor, at eight months, and not less than thirty cents per diem for each day. Under the statute, if the labor of the…
2Cases cited1 opinion
- Atkins v. SiddonsSupreme Court of Alabama · 1880
3Cited by5 opinions
- Stewart v. Wilson Printing Co.Supreme Court of Alabama · 1924
- State ex rel. Turner v. BradleySupreme Court of Alabama · 1901
- Goodwin v. State ex rel. WakefieldSupreme Court of Alabama · 1906
- In re Lafayette Ave.New York Supreme Court · 1913
- Bibb County v. WardSupreme Court of Alabama · 1909