Benton v. Taylor
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before Hon. Charles Pelham. In January, 1866, the commissioners court of Randolph county made an order appointing appellee agent for the distribution of rations to the poor and indigent of the county.
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Appeal from the Circuit Court of Randolph. Tried before Hon. Charles Pelham. In January, 1866, the commissioners court of Randolph county made an order appointing appellee agent for the distribution of rations to the poor and indigent of the county. In April, 1867, an order was made to pay appellee eighty dollars a month, out of the county treasury, for his services for ten months, and the appellant, a citizen and tax-payer of Randolph, filed his petition in his own name alone, in the circuit court, alleging that the sum allowed appellee for his services would have to be raised by taxation,…
1Opinion of the CourtPeck, C. J.
— A certiorari is a revisory writ, and may be issued by a superior, to correct the erroneous action of an inferior court, where the law has provided no remedy by appeal; but a party who seeks the aid of this writ must show that he has some direct interest in the proceedings sought to be revised, -and has been injured by them. Lamar v. Commissioners Court of Marshall, 21 Ala. 772; Comm’rs Roads and Revenue Talladega Co. v. Thompson, 15 Ala. 134 ; Ex parte Keenan, 21 Ala. 558 ; Cushing v. Gray, 10 Shepley’s Rep. 9 ; In re Mount Morris Square, 2 Hill’s Rep. 14 ; Petty v. Jones, 1 Iredell, 408 ;…
2Cases cited3 opinions
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Ex parte KeenanSupreme Court of Alabama · 1852
3Cited by7 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Crowder v. Fletcher & Co.Supreme Court of Alabama · 1885
- Alabama Great Southern R. R. v. ChristianSupreme Court of Alabama · 1886
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Faust v. Mayor of HuntsvilleSupreme Court of Alabama · 1887
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