Falkner v. Judge & Commissioners of Randolph County
Supreme Court of Alabama
EeRoii to the Circuit Court of Randolph. Tried before the Hon. John J. Woodward. Where it is the duty of the Commissioners’ Court to make-an appropriation out of the county treasury and they refuse to do so on application, the only remedy is by mandamus. — See Cuthbert v. Lewis, 6 Ala. 262; Boone v. Todd, 3 Missouri, 140; Tarver v. Comm’rs Court, 17 Ala. 527. The verdict of the jury and judgment of the Circuit Court in the original case, (which is admitted by the demurrer,)…
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EeRoii to the Circuit Court of Randolph. Tried before the Hon. John J. Woodward. Where it is the duty of the Commissioners’ Court to make-an appropriation out of the county treasury and they refuse to do so on application, the only remedy is by mandamus. — See Cuthbert v. Lewis, 6 Ala. 262; Boone v. Todd, 3 Missouri, 140; Tarver v. Comm’rs Court, 17 Ala. 527. The verdict of the jury and judgment of the Circuit Court in the original case, (which is admitted by the demurrer,) ascertains the amount due the plaintiff, and leaves the Commissioners’ Court .no discretion, and consequently they have…
1Opinion of the CourtParsons, J.
The plaintiff moved the judge and commissioners of Randolph county, sitting as a Commissioners’ Court of roads and revenue, to make an appropriation for the payment to him of the sum certified by the jury in his favor, and also the costs of the suit; the court refused; and thereupon, by his petition stating the facts, he applied to the Circuit Court for a rule upon the judge and commissioners, to show cause why a mandamus should not be granted, to compel them to make the appropriation. The defendants demurred to the petition, and the Circuit Court sustained the demurrer, and the plaintiff now…
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