State ex rel. Norwood v. Goldsmith
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Mandamus by the state on the relation of Jos. L. Nor-wood to compel Robert L. Goldsmith, as treasurer of Lowndes county to pay warrant issued by the court of county commissioners, refunding taxes. From an order denying the rule nisi, the relator appeals.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Mandamus by the state on the relation of Jos. L. Nor-wood to compel Robert L. Goldsmith, as treasurer of Lowndes county to pay warrant issued by the court of county commissioners, refunding taxes. From an order denying the rule nisi, the relator appeals. Counsel insist that the acts under which, the tax was levied contravenes subdivision 10 of section 104, Constitution 190.— Sisk v. Cargile, 35 South. 115. They also insist that said act contravenes section 105 of the Constitution 1901. — Southern Ry. Go. v. Cherokee County,…
1DissentMayfield, J.
(dissenting). — Tbe case made by tbe relator is as follows: This is an appeal from an order of Hon. Armstead Brown, associate judge of tbe city court of Montgomery, refusing a rule nisi on an application for mandamus to compel appellee to pay a warrant issued by tbe board of revenue of Lowndes county in favor of tbe relator. The warrant, for tbe sum of *175|289.08, shows on its face that said amount was allowed relator on account of his having paid same as special road taxes for years 1907 and 1908, under color of an act (Loc. Laws 1907, p. 684), that said act is unconstitutional, and that said…
2Cases cited4 opinions
- Commissioners Court v. RatherSupreme Court of Alabama · 1872
- Savage v. MathewsSupreme Court of Alabama · 1893
- Grayson v. LathamSupreme Court of Alabama · 1887
- Looney v. Jackson CountySupreme Court of Alabama · 1894