Kilgore v. Swindle

The proceeding in the ■court below was by mandamus, brought by the sheriff of Walker county against the county treasurer to require payment of certain fees from the fine and forfeiture fund of the county.

It is admitted the claims were duly registered, and there are available funds for their payment. The purpose of the suit is to ascertain whether they are lawful claims against such fund.

Mandamus is the proper remedy. Farson v. Bird, 197 Ala. 384, 72 So. 550.

Two classes of fees are involved:

First. A “turnkey fee” of $2, claimed for guarding a prisoner lawfully committed to jail on a charge of…