Banks v. Mobley
Alabama Court of Appeals
Appeal from Greene Gircnit Court. Heard before Hon. Bernard Harwood. Assumpsit by James O. Banks against B. E. Mobley, clerk of the circuit court, accompanied by petition for mandamus to compel the clerk to certify to certain claims as a charge against the county fine and forfeiture fund. Judgment dismissing the petition and plaintiff appeals. Mandamus is the proper remedy in this case. The duty of certifying the facts in question is by statute placed upon the Clerk.
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Appeal from Greene Gircnit Court. Heard before Hon. Bernard Harwood. Assumpsit by James O. Banks against B. E. Mobley, clerk of the circuit court, accompanied by petition for mandamus to compel the clerk to certify to certain claims as a charge against the county fine and forfeiture fund. Judgment dismissing the petition and plaintiff appeals. Mandamus is the proper remedy in this case. The duty of certifying the facts in question is by statute placed upon the Clerk. The duty being purely ministerial he may be required by mandamus to perforin that duty.— Code, Sects. 6663, 6666; Grider v.…
1Opinion of the CourtPelham, J.
Through transfers made to him by the several parties to whom, the certificates were originally issued, appellant became the owner of certain witness tickets theretofore issued to various parties who had attended as Avitness in behalf of the State, either on the trial of certain cases in the courts or before the grand juries of Greene county, Ala. Appellant as the transferee and owner of these Avitness tickets filed a petition with the circuit judge of the Sixth judicial circuit, seeking, to compel by mandamus the respondent, as clerk of the circuit court of Greene County to certify the facts…
2Cases cited10 opinions
- Jackson County v. DerrickSupreme Court of Alabama · 1897
- Ex parte JonesSupreme Court of Alabama · 1840
- Herr v. SeymourSupreme Court of Alabama · 1884
- Minchener v. CarrollSupreme Court of Alabama · 1902
- Gibson v. HatchettSupreme Court of Alabama · 1854
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3Cited by8 opinions
- Folmar v. BrantleySupreme Court of Alabama · 1939
- Faircloth v. FolmarSupreme Court of Alabama · 1949
- Ex Parte State Ex Rel. DensonSupreme Court of Alabama · 1946
- Shirey v. City Board of Education of Fort PayneSupreme Court of Alabama · 1957
- Baker v. ClarkAlabama Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.