State Ex Rel. Carmichael v. Jones

SIMPSON, Justice.

Petition for mandamus to require respondent Judge to enter a consent judgment in a cause pending in his court.

The essential question for decision is whether the attorney general of Alabama is authorized and empowered to -settle a pending suit by the State filed by him in his official capacity for the collection of an unliquidated tax claim, by taking a consent judgment in the cause for less than the amount sued for and claimed to be due by the tax department.

The claim was made by the department of -revenue and placed in his hands for suit, as the law requires, as license…