Brandon v. Askew
Supreme Court of Alabama
Mandamus. Appeal from Montgomery City Court. Heard before Hon. W. W. Pearson. Mandamus by D. D. Askew as Solicitor, against W. W. Brandon, as Auditor, to require bim to issue a warrant for tbe difference between tbe salary paid Askew as Solicitor, and tlie sum paid other Circuit Solicitors. From an order granting the prayer of the petitioner, the Auditor appeals.
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Mandamus. Appeal from Montgomery City Court. Heard before Hon. W. W. Pearson. Mandamus by D. D. Askew as Solicitor, against W. W. Brandon, as Auditor, to require bim to issue a warrant for tbe difference between tbe salary paid Askew as Solicitor, and tlie sum paid other Circuit Solicitors. From an order granting the prayer of the petitioner, the Auditor appeals. It is not essential under section 64, Constitution 1901, that the House or Senate Journals show that the hill as amended was passed in its entirety. The requirement is that the Journal of the House adopting the amendment simply show…
1Opinion of the CourtSayre, J.
By the act of March 2, 1907 (Gen. Laws 1907, p. 255), the Fifteenth judicial circuit was created, with a judge and solicitor. It was provided that the salary of the solicitor should be §1,800 per annum, and the solicitor, appointed by the Governor on March 7, 1907, has since that time been in receipt of the salary provided by the act. Now he seeks to have the auditor draw a warrant in his favor for the difference during his incumbency between the salary as fixed by the act creating the Fifteenth circuit and the salary of other circuit solicitors which has been fixed since February 21, 1893,…
2Cases cited5 opinions
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
- Benedict v. United StatesSupreme Court of the United States · 1900
- State ex rel. Attorney General v. SayreSupreme Court of Alabama · 1904
- City Council v. ReeseSupreme Court of Alabama · 1906
- Dane v. SmithSupreme Court of Alabama · 1875
3Cited by39 opinions
- Peddycoart v. City of BirminghamSupreme Court of Alabama · 1978
- State Ex Rel. Brooks v. GullattSupreme Court of Alabama · 1923
- Birmingham Electric Co. v. HarrySupreme Court of Alabama · 1926
- State Docks Commission v. State Ex Rel. JonesSupreme Court of Alabama · 1933
- Dunn v. DeanSupreme Court of Alabama · 1916
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