Goodwyn v. Sherer
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Heard before Hon. S. H. Sprott. This is a petition for mandamus filed by Sherer and another claiming to exercise the powers find to be entitled' to the office of commissioners of Fayette county against the judge of probate of said county to compel him to issue his warrant on the treasurer for their mileage and per diem as such county commissioners.
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Appeal from Fayette Circuit Court. Heard before Hon. S. H. Sprott. This is a petition for mandamus filed by Sherer and another claiming to exercise the powers find to be entitled' to the office of commissioners of Fayette county against the judge of probate of said county to compel him to issue his warrant on the treasurer for their mileage and per diem as such county commissioners. The answer to the petition alleges that two other persons are claiming the office and exercising its functions. The facts sufficiently appear in the opinion. The purpose and intent of this proceeding is really to…
1Opinion of the CourtDenson, J.
This is a proceeding by mandamus to comped the respondent, who is judge of probate of Fayette county, to issue certificates in favor of relators, J. D. Sheier and B. Henry, for mileage a.nd twO' days’ attendance as county commissioners of said county at the regular February term, 1905, of the commissioners’ court of said county. It is clearly made to appear by the answer of the respondent to the alernative writ that two other persons, W. II. Brown and W, M, Wright, were elected at the general election held in said county in 1904 to the identical offices claimed by the relators, and that said.…
2Cases cited9 opinions
- Maxwell v. StateSupreme Court of Alabama · 1889
- Ex parte HarrisSupreme Court of Alabama · 1875
- State ex rel. Vail v. DraperSupreme Court of Missouri · 1871
- Taylor v. KolbSupreme Court of Alabama · 1892
- Ex parte DuBoseSupreme Court of Alabama · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ex Parte RegisterSupreme Court of Alabama · 1952
- Banks v. MobleyAlabama Court of Appeals · 1912
- Beasley v. McCorkleSupreme Court of Alabama · 1938
- Carnley v. MooreSupreme Court of Alabama · 1925
- Allen v. State ex rel. RoweSupreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.