State ex rel. Troy v. Smith
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Mandamus by .the state on the relation of Daniel W. Troy against C. B. Smith, as State Auditor. From a judgment denying the writ relator appeals.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Mandamus by .the state on the relation of Daniel W. Troy against C. B. Smith, as State Auditor. From a judgment denying the writ relator appeals. The act amending § 561 was constitutional and valid, as a reference in title to section number only is entirely permissible.—Mont. v. State, 107 Ala. 372; Dunbar v. Fraser, 78 Ala. 538; Ensley v. Cohn, 149 Ala. 361; Comer v. Age Herald P. Co., 151 Ala. 613; Stone v. State, 137 Ala. 1; 92 N. Y. 191; 45 Fed. 828; 191 U. S. 601; 10 Colo. 297; 28 Mo. 427; 109 111. 593; 14 Pac. 782; 36…
1Opinion of the CourtGardner, J.
By this proceeding appellant seeks by mandamus to have appellee, as state auditor, issue to him his warrant for the sum of $125, alleged to be due by virtue of Ms employment as attorney on contract with the Governor.
The vouchers presented to the state auditor were approved by the Governor; the latter noting therein that the same was approved “under section 561, Code of Alabama 1907, as amended April 11, 1911, and under section 2440, Code of Alabama.” The constitutionality of the act of April 11, 1911, amendatory of section 561 •of the Code, is herein attacked.
It is first insisted in brief of…
2Cases cited26 opinions
- Texas v. WhiteSupreme Court of the United States · 1869
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Ex parte CowertSupreme Court of Alabama · 1890
21 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Glass v. Prudential Ins. Co. of AmericaSupreme Court of Alabama · 1945
- Jefferson County v. BusbySupreme Court of Alabama · 1933
- Miller v. StateAlabama Court of Appeals · 1918
- In Re FiteSupreme Court of Alabama · 1933
- McCoy v. Jefferson CountySupreme Court of Alabama · 1936
35 more not listed; retrieve them via the Exa API.