Legal Opinion

State ex rel. Greene County v. Coleman

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 3 opinions

Appeal from Greene Circuit Court. Tried before Hon. Samuel II. Sprott. The case made by the record is sufficiently stated in the opinion. cited Scruggs v. Underwood, 54' Ala. 187; Palmer v. Fitts, 51 Ala. 491; Mobile Goionty v. Stone, 69 Ala. 208; Code of 1876, §§ 4455, 4465 — 84, 4731, 944. reviewed at length the legislation in this State touching the fine and forfeiture fund, and cited the following statutes and authorities: Clay’s Digest, pp. 247-9; lb. p. 296, § 37; lb.…

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Appeal from Greene Circuit Court. Tried before Hon. Samuel II. Sprott. The case made by the record is sufficiently stated in the opinion. cited Scruggs v. Underwood, 54' Ala. 187; Palmer v. Fitts, 51 Ala. 491; Mobile Goionty v. Stone, 69 Ala. 208; Code of 1876, §§ 4455, 4465 — 84, 4731, 944. reviewed at length the legislation in this State touching the fine and forfeiture fund, and cited the following statutes and authorities: Clay’s Digest, pp. 247-9; lb. p. 296, § 37; lb. p. 600, § 7; lb. p. 441, §§ 22-3; Toulmin’s Digest (Ed. 1823), p. 891, § 8; lb. p. 215, 51; Aiken’s Dige’st (Ed. 1836),…

1Opinion of the CourtSomebyille, J.

— It is sought, by the writ of mandamus, in this case to compel the appellee, as treasurer of the county of Greene, to transfer from the fine and forfeiture fund to the general treasury of the county certain described moneys, which are held by him in his official custody. These moneys, thus in controversy, were all received from the hire of convicts sentenced to hard labor for the county of Greene, and accrued from three particular sources: (1) Convicts sentenced on default in making payment of fines in misdemeanor cases (Code, 1870, § 1155); (2) convicts sentenced to additional hard labor…

2Cases cited2 opinions

  1. State ex rel. Mobile County v. StoneSupreme Court of Alabama · 1881
  2. Scruggs v. UnderwoodSupreme Court of Alabama · 1875

3Cited by3 opinions

  1. Jackson County v. DerrickSupreme Court of Alabama · 1897
  2. Weakley v. HenrySupreme Court of Alabama · 1920
  3. Burgin v. HawkinsSupreme Court of Alabama · 1893

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