Mims v. State ex rel. Stallworth
Supreme Court of Alabama
Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Mandamus by the State, on the relation of B. H. Stallworth, as sheriff, and another against D. D. Mims, as county treasurer of Monroe county. Judgment for relators, and respondent apeals.
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Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Mandamus by the State, on the relation of B. H. Stallworth, as sheriff, and another against D. D. Mims, as county treasurer of Monroe county. Judgment for relators, and respondent apeals. It is alleged that in several cases named, wherein it is sought to have the fees paid, defendants were convicted, and that the executions issued against the several defendants have been returned indorsed, “No property found”; that these convicts have been leased by the county, and the proceeds, which have been duly apportioned, were…
1Opinion of the CourtSomerville, J.
Under section 6889 of the Code the fees of court officers in cases “in which defendants have been convicted, and have been proved insolvent by the return of executions, No property found/ ” must be paid by the county treasurer out of the fine and forfeiture fund of the county, provided there shall at any *513time be a surplus of such fund “over and above the sum required to pay tbe registered claims of state witnesses.” Notwithstanding the quoted condition to their payment, we think it clear that such officers’ fees become charges against the fine and forfeiture fund, not immediately upon the…
2Cases cited2 opinions
- Bilbro v. DrakefordSupreme Court of Alabama · 1884
- Gray v. AbbottSupreme Court of Alabama · 1900
3Cited by3 opinions
- State Ex Rel. Holcombe v. StoneAlabama Court of Appeals · 1934
- Isbell Nat. Bank v. BurkAlabama Court of Appeals · 1933
- Wilson v. AcuffAlabama Court of Appeals · 1921