State ex rel. Moniac v. Brewer
Supreme Court of Alabama
Appeal from Montgomery City Court. Tiled before Hon. John A. Minnis. This was an application by the appellant, D. A. Moniac, for a mandamus to compel the appellee, Hon. Willis Brewer, State Auditor, to draw his warrant on the State Treasurer in favor of relator for the amount of fees alleged to be due him as sheriff of Baldwin county.
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Appeal from Montgomery City Court. Tiled before Hon. John A. Minnis. This was an application by the appellant, D. A. Moniac, for a mandamus to compel the appellee, Hon. Willis Brewer, State Auditor, to draw his warrant on the State Treasurer in favor of relator for the amount of fees alleged to be due him as sheriff of Baldwin county. An alternate writ having, been issued, the Auditor answered, averring that at the time the accounts of Moniac were presented and payment demanded, the said Moniac was and is a public defaulter in a sum largely in excess of the amount due to him, by reason of…
1Opinion of the CourtBrickell, C. J.
It is the duty of the State Auditor to adjust the claims of all persons against the State, where provision for the payment thereof has been made by law. But he is expressly prohibited from giving any public defaulter any warrant for moneys due him from the State, except the balance which is due after the application of the amount due from the State to the extinguishment of the debt, interest and damages, if any are given by law, due from such defaulter. Code of 1876, § 596. The purpose of the statute is manifest, and is just and equitable. It is to confer on the State an unqualified right of…
2Cases cited1 opinion
- State ex rel. Heirs of Walker v. Judge of the Orphans' Co.Supreme Court of Alabama · 1849
3Cited by2 opinions
- Hall v. BlanSupreme Court of Alabama · 1933
- Board of Commissioners v. AtkinsonWyoming Supreme Court · 1893