Legal Opinion

Ex parte Wilson

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 4 opinions

This was a petition for mandamus, based upon a state of facts fully set forth in the opinion.

1Opinion of the CourtManning, J.

The auditor of the State, by notice issued to and against 'William Falconer, late tax colleeter of Montgomery county, and five other persons as sureties on his bond, began proceedings for a summary judgment against them, in the circuit court of said county, for money received by said Falconer as such collector and not paid over. The proceeding is a statutory one under sections 3059 and 3060 of the Revised Code ; the first of which is as follows: “Judgment must in like manner be summarily rendered in favor of the comptroller of public accounts,” [now called auditor,] “against the defaulters…

2Cases cited9 opinions

  1. Boring v. WilliamsSupreme Court of Alabama · 1850
  2. Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
  3. Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
  4. Rutherford's Adm'r v. SmithSupreme Court of Alabama · 1855
  5. Ware v. GreeneSupreme Court of Alabama · 1861

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Nathan Rodgers Construction & Realty Corp. v. City of Saraland, Alabama, a Municipal CorporationCourt of Appeals for the Fifth Circuit · 1982
  2. Maxwell v. PoundsSupreme Court of Alabama · 1897
  3. Kendall v. LassiterSupreme Court of Alabama · 1880
  4. Macdonald v. StateSupreme Court of Alabama · 1904

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