Reynolds v. McWilliams
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This was an application by E. C. McWilliams, for a writ of mandamus to R. M. Reynolds, state auditor, to compel that officer to audit the accounts of the petitioner, as sheriff of Wilcox County, for feeding prisoners and conveying convicts to the penitentiary.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This was an application by E. C. McWilliams, for a writ of mandamus to R. M. Reynolds, state auditor, to compel that officer to audit the accounts of the petitioner, as sheriff of Wilcox County, for feeding prisoners and conveying convicts to the penitentiary. The petitioner alleged that he was the sheriff of said county, having been appointed by the governor to fill a vacancy in the office, and having given bond, which was approved by the proper officer, and taken the oath prescribed by law. An answer was…
1Opinion of the CourtB. F. Saffold, J.
— The appeal is from a peremptory mandamus, after answer, th the auditor of the State, to audit the accounts of the appellee for feeding prisoners and transporting convicts to the penitentiary, as sheriff of Wilcox County. The answer of the auditor admits that the applicant was in possession of the office of sheriff, under appointment of the governor, after due qualification, by giving bond and taking the requisite oath of office. But it denies that there was a vacancy at the time of his appointment, and alleges that M. G. Candee was the lawful sheriff by election and due qualification. It is…
2Cases cited6 opinions
- Wilcox v. SmithNew York Supreme Court · 1830
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- People on rel. Morton v. TiemanNew York Supreme Court · 1859
- Heath v. StateSupreme Court of Alabama · 1860
- Flournoy v. ClementsSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hulbert v. CraigNew York Supreme Court · 1925
- State Ex Rel. Baca v. OteroNew Mexico Supreme Court · 1928
- Waldrop v. CoursonSupreme Court of Alabama · 1921