State ex rel. City of Birmingham v. Miller
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. - Mandamus by the city of Birmingham on the relation of the state against H. C. Miller, Treasurer of Jefferson county to require him as such treasurer to pay to the authorized officers of the city of Birmingham out of the funds of the county raised for that purpose, the city’s portion of the special road and bridge tax. From a judgment denying the writ relators appeal.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. - Mandamus by the city of Birmingham on the relation of the state against H. C. Miller, Treasurer of Jefferson county to require him as such treasurer to pay to the authorized officers of the city of Birmingham out of the funds of the county raised for that purpose, the city’s portion of the special road and bridge tax. From a judgment denying the writ relators appeal. The legislature has complete power over the direction of county funds, and it is not necessary that a special act for the appropriation of such county funds be…
1Opinion of the CourtDenson, J.
This is a proceeding by mandamus to compel the treasurer of Jefferson county to pay two warrants, issued by the board of revenue of the county, in favor of the-city of Birmingham. One of the warrants is in the sum of $10,000, with directions on its face that it be paid out of the “ten cents road fundand the other in the sum of $5,000, with directions that it be paid out of the “public bridge and building fund.” These warrants were issued to the city under the authority of section 120 of the act of the Legislature, generally known as the “Municipal Corporations Act,” approved August ■13, 1907…
2Cases cited4 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Builders' & Painters' Supply Co. v. Lucas & Co.Supreme Court of Alabama · 1898
- Woolf v. TaylorSupreme Court of Alabama · 1893
- Sanders v. Court of County CommissionersSupreme Court of Alabama · 1897
3Cited by14 opinions
- State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
- Board of Revenue of Jefferson Co. v. State ex rel. City of BirminghamSupreme Court of Alabama · 1910
- In Re FiteSupreme Court of Alabama · 1933
- Adams v. StateAlabama Court of Appeals · 1947
- Magee v. BoydSupreme Court of Alabama · 2015
9 more not listed; retrieve them via the Exa API.