Board of Revenue & Road Commissioners v. State ex rel. Drago
Supreme Court of Alabama
Mandamus. -Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Mandamus by the State on the relation of John S:. Drago, sheriff, against the Board of Revenue and Road Commissioners of Mobile County, to compel them to issue their warrant upon the County Treasurer, to pay out of the general fund of the county, certain sheriff’s fees for summoning witnesses to appear before the grand jury in cases where no indictment was. found.
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Mandamus. -Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Mandamus by the State on the relation of John S:. Drago, sheriff, against the Board of Revenue and Road Commissioners of Mobile County, to compel them to issue their warrant upon the County Treasurer, to pay out of the general fund of the county, certain sheriff’s fees for summoning witnesses to appear before the grand jury in cases where no indictment was. found. From a judgment granting the writ, respondents appeal. The law of fees and costs, is penal and must be strictly construed, in criminal cases. — Section…
1Opinion of the CourtMayfield, J.
Two questions are presented for decision on this appeal: First. Is a county liable to a sheriff for his fees for summoning witnesses to appear before the grand jury, in those cases in which no .indictment is found? Second. If so liable, is mandamus against the county commissioner’s court or county board of revenue the proper remedy to enforce payment by the county?
The law of this state (however it may be in other jurisdictions) is long and well settled that counties are governmental agencies of the state, and that they are therefore chargeable with and liable for those claims or demands — and…
2Cases cited7 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Posey & Tompkins v. Mobile CountySupreme Court of Alabama · 1873
- State ex rel. Norwood v. GoldsmithSupreme Court of Alabama · 1909
- Marengo County v. LylesSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
- Hamilton v. Jefferson CountySupreme Court of Alabama · 1923
- Weakley v. HenrySupreme Court of Alabama · 1920
- Edwards House Co. v. City of JacksonMississippi Supreme Court · 1925
- State Ex Rel. Towle v. StoneSupreme Court of Alabama · 1938
7 more not listed; retrieve them via the Exa API.