Tarver v. Comm'rs' Ct.
Supreme Court of Alabama
Error to tlie Circuit Court of Tallapoosa. Tried before the Mon. John J. Woodward. The plaintiff in error filed his petition in the Circuit Court of Tallapoosa, praying a mandamus against the commissioners’ court of reads and revenue of Tallapoosa county, to compel them to levy, collect and appropriate a sum sufficient to pay a debt, contracted by the plaintiff as a commissioner, in building a court-house and jail for the county.
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Error to tlie Circuit Court of Tallapoosa. Tried before the Mon. John J. Woodward. The plaintiff in error filed his petition in the Circuit Court of Tallapoosa, praying a mandamus against the commissioners’ court of reads and revenue of Tallapoosa county, to compel them to levy, collect and appropriate a sum sufficient to pay a debt, contracted by the plaintiff as a commissioner, in building a court-house and jail for the county. The petition alleges that the plaintiff with other commissioners, one of whom is since dead, in the year 1S37 contracted with Cameron and Mitchell to build for said…
1Opinion of the CourtDargan, C. J.
An application for a mandamus will only be granted when the petitioner shows a clear legal right and, there is no other legal remedy to enforce it. — Exparte Jones, 1 Ala. 15, and cases there cited ; Cuthbert et al. v. Lewis, 6 Ala. 262 ; Spence v. Terry, 13 Ala. 805. We have therefore only to enquire whether the petitioner has shown a specific legal right and whether the law'has provided any other remedy to enforce it. If the right is shown and there is no other remedy, the writ ought to be granted.
By the act of the 12th of January 1833, commissioners were appointed for the county of…
2Cases cited4 opinions
- State ex rel. Spence v. Judge of the Ninth Judicial CircuitSupreme Court of Alabama · 1848
- Ex parte JonesSupreme Court of Alabama · 1840
- Ex parte SimontonSupreme Court of Alabama · 1839
- Cuthbert v. LewisSupreme Court of Alabama · 1844
3Cited by41 opinions
- County of Mitchell v. City National BankTexas Supreme Court · 1898
- State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- Commissioners Court v. RatherSupreme Court of Alabama · 1872
- Palmcroft Development Co. v. City of PhoenixArizona Supreme Court · 1935
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