Wilson v. Acuff
Alabama Court of Appeals
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Mandamus by J. D. Acuff, as Solicitor, against Grady Wilson, as Treasurer, to require the payment of solicitor’s fee out of the fine and forfeiture fund of the county. Prom a decree granting the writ, respondent appeals. Mandamus was granted only when there is a clear, specific, legal right. 16 Ala.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Mandamus by J. D. Acuff, as Solicitor, against Grady Wilson, as Treasurer, to require the payment of solicitor’s fee out of the fine and forfeiture fund of the county. Prom a decree granting the writ, respondent appeals. Mandamus was granted only when there is a clear, specific, legal right. 16 Ala. App. 670, 81 South. 190; 69 Ala. 261; 71 Ala. 427; 123 Ala. 259, 26 South. 482, 45 L. R. A. 772; 36 Ala. 252. An officer claiming fees or costs must point to a clear and definite law authorizing it. Section 6631, Code 1907; 131 Ala.…
1Opinion of the CourtMerritt, J.
The petition, addressed to the circuit court of Walker county, seeks a writ of mandamus against the respondent Wilson, as treasurer of Walker county, directing the respondent to pay the claim of petitioner for solicitor’s fees out of the fine and forfeiture fund of said county.
The facts alleged in the petition and admitted by the respondent are these: That the petitioner was, in 1915, solicitor of the Walker county law and equity court; that during his term a certain named defendant was tried, convicted, fined, and taxed with costs including $10, solicitor’s fee; that, being hired out by the…
2Cases cited2 opinions
- Wyker v. FrancisSupreme Court of Alabama · 1898
- Mims v. State ex rel. StallworthSupreme Court of Alabama · 1913