Henry v. State Ex Rel. Kemp
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Horace O. Wilkinson, Judge. Application by the State of Alabama, on the relation of W. T. Kemp, for a writ of mandamus to compel M. V. Henry, as Treasurer of Jefferson County, to pay a warrant drawn on him by the Board óf Revenue of said county as payment of salary of petitioner for the month of September, 1920. Erom a judgment granting the writ, respondent appeals.
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Appeal from Circuit Court, Jefferson County ; Horace O. Wilkinson, Judge. Application by the State of Alabama, on the relation of W. T. Kemp, for a writ of mandamus to compel M. V. Henry, as Treasurer of Jefferson County, to pay a warrant drawn on him by the Board óf Revenue of said county as payment of salary of petitioner for the month of September, 1920. Erom a judgment granting the writ, respondent appeals. Relator alleges his appointment by the sheriff of Jefferson county as chief deputy sheriff of the Bessemer division, his services as such, and that the board of revenue of Jefferson…
1Opinion of the CourtSayre, J.
Speaking with special reference to the sheriff’s office in Jefferson county under the act of September 16, 1915 (Acts 1915, p. 549 et seq.)- — for, obviously, that act was intended especially' for Jefferson county —it was the intent and purpose of the act that the sheriff should maintain a branch office in charge of a bonded deputy at Bessemer.. The salary of such deputy is fixed by the board of revenue, and is payable out of the county treasury on an order or warrant drawn on the treasurer. Appellant is the county treasurer, and his answer to the rule nisi, requiring him to show cause why he…
2Cited by3 opinions
- Yielding v. McCombsSupreme Court of Alabama · 1940
- Jefferson County v. O'GaraAlabama Court of Appeals · 1939
- Jefferson County v. O'GaraAlabama Court of Appeals · 1939