Riggs v. Brewer
Supreme Court of Alabama
Appeal, from the City Court of Montgomery. Tried before tbe Hon. John A. Minnis. In this case, au application by petition was made by Junius M. Riggs, tbe marshal of tbe Supreme Court and librarian, for a mandamus against Willis Brewer, tbe ■ State auditor, requiring that officer to draw bis warrant on tbe treasurer, in favor of tbe petitioner, for $166.66, as tbe salary due tbe petitioner for the month of February, 1879. Tbe petition was filed on the 13th March, 1879, and…
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Appeal, from the City Court of Montgomery. Tried before tbe Hon. John A. Minnis. In this case, au application by petition was made by Junius M. Riggs, tbe marshal of tbe Supreme Court and librarian, for a mandamus against Willis Brewer, tbe ■ State auditor, requiring that officer to draw bis warrant on tbe treasurer, in favor of tbe petitioner, for $166.66, as tbe salary due tbe petitioner for the month of February, 1879. Tbe petition was filed on the 13th March, 1879, and was verified by affidavit. Tbe petitioner claimed that bis salary was fixed by tbe general law, as found in tbe Code (§…
1Opinion of the CourtBrickell, C. J.
The statute (Code of 1876, §586) fixed the salary of the marshal and librarian of the Supreme Court, at two thousand dollars annually. The salary being thus fixed by a general statute, permanent in its nature, no special appropriation by the General Assembly was necessary, to entitle him to demand payment of it, nor to authorize the auditor to draw a warrant on the treasurer for its payment. The statute, of itself, operated as an appropriation, and satisfied the constitutional requirement that money shall be drawn from the treasury only upon appropriations made by law. Nichols v. Comptroller,…
2Cases cited2 opinions
- Reynolds v. TaylorSupreme Court of Alabama · 1869
- George v. Skeates & Co.Supreme Court of Alabama · 1851
3Cited by19 opinions
- City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- Abramson v. HardSupreme Court of Alabama · 1934
- Civil Service Commission v. Auditor GeneralMichigan Supreme Court · 1942
- Reid v. City of BirminghamSupreme Court of Alabama · 1963
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