Jack v. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. ~W. B. Wood. This case originated in a petition filed on the 5th March, 1879, duly verified by affidavit, by W. P. Jack and John F. Jack, asking a mandamus against Hon. James E. Moore, the probate judge of said county, commanding and requiring him to draw his warrant on the county treasurer, in favor of the petitioners, for the payment of a claim which had been allowed by the Commissioners Court of the county.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. ~W. B. Wood. This case originated in a petition filed on the 5th March, 1879, duly verified by affidavit, by W. P. Jack and John F. Jack, asking a mandamus against Hon. James E. Moore, the probate judge of said county, commanding and requiring him to draw his warrant on the county treasurer, in favor of the petitioners, for the payment of a claim which had been allowed by the Commissioners Court of the county. The order allowing the claim, which was made an exhibit to the petition, was passed at the regular August term of said…
1Opinion of the Court
BBIOKELL, O. J,
When a party has a clear legal right to demand from a ministerial officer the performance of a specific duty, and there is not a defined, adequate legal remedy, mandamus from the proper tribunal is the appropriate remedy to compel performance. The issue of warrants on the county treasury, in payment of claims the Commissioners Court have allowed and ordered to be paid, is a ministerial duty imposed on the judge of probate, in the performance of which he has.no discretion, unless the order of allowance is of itself, and on its face, an absolute nullity, imposing no duty, and…
2Cited by15 opinions
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