Stewart v. Davis

The only question which arises in this case is whether it was the duty of the county commissioners to pay, or did the county commissioners have lawful authority to pay, Davis’s demand ? In the circumstances detailed in the statement of facts, we are of the opinion that the trial judge did not err in making the mandamus absolute. Art. 3, sec. 7, par. 19, of the constitution of 1877 declares: “The General Assembly shall have no power to *548relieve principals or securities upon forfeited recognizances from the payment thereof, either before or after judgment thereon, unless the principal in the…