Smith v. McCutchen
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. TV. TV. Harax^kox. This was an application for mandamus filed by Smith agaiiist McCutchen, as judge of probate of .Jackson county, seeking to have said judge of probate compelled to issue to him a warrant upon the county treasury for The payment of certain claims against the. county. The facts are sufficiently stated in the opinion of the court.
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Appeal from Jackson Circuit Court. Heard before Hon. TV. TV. Harax^kox. This was an application for mandamus filed by Smith agaiiist McCutchen, as judge of probate of .Jackson county, seeking to have said judge of probate compelled to issue to him a warrant upon the county treasury for The payment of certain claims against the. county. The facts are sufficiently stated in the opinion of the court. The cash payment due Smith is definitely fixed as to amount and time of payment by the record — it has been duly audited and allowed. The judge of probate cannot question this action. He should…
1Opinion of the CourtDenson, J.
This is a proceeding by mandamus .commenced by B. B. Smith against W. W. McCutchen, as judge of probate of Jackson county, by which it is sought by the petitioner to compel the respondent to issue him a warrant for 1875 claimed by the petitioner to be due to him from the county. The circuit court sustained a demurrer to the petition, denied the relief sought, and adjudged the costs' against the petitioner. Prom the judgment this appeal was taken.
There are numerous grounds of demurrer assigned, but the first ground, we think, raises the only material question to be determined. It is that the…
2Cases cited9 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Speed v. CockeSupreme Court of Alabama · 1876
- Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894
- Talley v. Commissioners' CourtSupreme Court of Alabama · 1905
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
- First Nat. Bank of Abbeville v. Terry, Briggs Co.Supreme Court of Alabama · 1919
- Mobile County v. MaddoxSupreme Court of Alabama · 1915
- Weakley v. HenrySupreme Court of Alabama · 1920
3 more not listed; retrieve them via the Exa API.