State ex rel. Mobile County v. Stone
Supreme Court of Alabama
Appear from Mobile Circuit Court. The name of the presiding judge is not disclosed by the record. This was a petition by Mobile County for a writ of mandamus against S. Graham Stone, the treasurer thereof, to compel him to transfer from the account of the fine and forfeiture fund to that of the general fund of the county, certain moneys in his hands belonging to the fine and forfeiture fund, to reimburse the county in part for the salary of the judge of the City Court •of…
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Appear from Mobile Circuit Court. The name of the presiding judge is not disclosed by the record. This was a petition by Mobile County for a writ of mandamus against S. Graham Stone, the treasurer thereof, to compel him to transfer from the account of the fine and forfeiture fund to that of the general fund of the county, certain moneys in his hands belonging to the fine and forfeiture fund, to reimburse the county in part for the salary of the judge of the City Court •of Mobile, which the county had paid, and which, it claimed, was a preferred claim against said fund under the act…
1Opinion of the CourtSomebyille, J.
The claim of the county of Mobile, •sought to be enforced by the writ of mcmdmius in this case, is very plainly a preferred claim as against the fine and forfeiture fund in the hands of the appellee, who is treasurer of the county. This priority was secured by the act of February 3d, 1846, entitled “An act to establish a Criminal Court in the City of Mobile.” — Acts 1846, pp. 29-30. Section 9 of this act provides that the salary of the judge of this court shall be paid by the coxuity, and “for the remuneration of said county for the payment of the same, the fines cmcl forfeitures of all State…
2Cases cited4 opinions
- Grant v. SteinerSupreme Court of Alabama · 1880
- Edmondson v. De Kalb CountySupreme Court of Alabama · 1874
- Palmer v. FittsSupreme Court of Alabama · 1874
- Murphy v. State ex rel. EggerSupreme Court of Alabama · 1877
3Cited by5 opinions
- Jackson County v. DerrickSupreme Court of Alabama · 1897
- Sessions v. BoykinSupreme Court of Alabama · 1884
- Commissioners Court Tuscaloosa Co. v. State ex rel. City of TuscaloosaSupreme Court of Alabama · 1913
- State ex rel. Greene County v. ColemanSupreme Court of Alabama · 1883
- State ex rel. Matson v. LaurendineSupreme Court of Alabama · 1917