Cuthbert v. Lewis
Supreme Court of Alabama
Error to the Circuit Court of Mobile. This was a petition to the circuit court, for amandamus to the defendants. The petitioner states, that he is the owner and holder of certain witness certificates in State cases, in which the defendants were either acquitted, or are unable to pay; that the certificates were submitted to the commissioners appointed under the act of the 11th February, 1843, to regulate the expenditures of the county of Mobile, and allowed by them, payable…
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Error to the Circuit Court of Mobile. This was a petition to the circuit court, for amandamus to the defendants. The petitioner states, that he is the owner and holder of certain witness certificates in State cases, in which the defendants were either acquitted, or are unable to pay; that the certificates were submitted to the commissioners appointed under the act of the 11th February, 1843, to regulate the expenditures of the county of Mobile, and allowed by them, payable out of the funds then, and to come into the hands of the treasurer of the county of Mobile. The petitioner feeling…
1Opinion of the CourtOrmond, J.
To a proper understanding of this case, it is necessary to take a succinct view of the several statutes which bear upon the question.
The general law of 1823, [Clay’s Dig. 600, § 7,} makes the certificates of witnesses on behalf of the State, in criminal cases? receivable in payment of public dues, and requires the county treasurer to pay off and discharge them, out of any fines and forfeitures which may come into the county treasury.
The private act of 1836, for the establishment of schools in the city of Mobile, gives the fines and forfeitures, and the tax fee of two dollars for the support…
2Cases cited2 opinions
- Ex parte JonesSupreme Court of Alabama · 1840
- Boraim & Co. v. Da CostaSupreme Court of Alabama · 1842
3Cited by4 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Brown v. CommissionersNebraska Supreme Court · 1877
- Davidson v. WashburnSupreme Court of Alabama · 1876
- Brooks v. KirbySupreme Court of Alabama · 1851