State ex rel. Pollard v. Brewer
Supreme Court of Alabama
Appeal from the.City Court of Montgomery. Tried before the Hon. John A. Minnis. The facts are stated in the opinion. 1. The court below-granted the writ as to those cases where prisoners were acquitted on trial, and refused as to all other cases. . Appellant thinks the court erred in this latter ruling. Section 5043 of the Code of 1876, enumerates the fees and allowances of sheriffs in criminal cases.
Read the full summary
Appeal from the.City Court of Montgomery. Tried before the Hon. John A. Minnis. The facts are stated in the opinion. 1. The court below-granted the writ as to those cases where prisoners were acquitted on trial, and refused as to all other cases. . Appellant thinks the court erred in this latter ruling. Section 5043 of the Code of 1876, enumerates the fees and allowances of sheriffs in criminal cases. Among others, one dollar each for committing to, and releasing a prisoner from jail. This section provides the manner in which fees shall be paid. 2. It necessarily results from this statute…
1Opinion of the Court
BBICKELL, C. J. —
The relator, who is sheriff and ex ■offieio jailer of the county of Montgomery, presented to the respondent as Auditor, for audit, allowance and payment by warrant on the State treasury, an account for fees due the relator, for committing prisoners to, and releasing prisoners from jail, charged with criminal offences. The respondent refused to audit and allow the account, and thereupon the ■relator applied to the judge of the City Court for a mandamus, to compel him to audit and allow the same. In answer to an alternative writ, the respondent appeared and demurred, assigning…
2Cases cited3 opinions
- United States v. BoydSupreme Court of the United States · 1846
- Board of Commissioners v. BlakeIndiana Supreme Court · 1863
- Pugh v. BusselIndiana Supreme Court · 1831
3Cited by28 opinions
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- Herrmann v. Mobile CountySupreme Court of Alabama · 1918
- State Ex Rel. v. Hooker, County JudgeSupreme Court of Oklahoma · 1910
- Twiggs v. WingfieldSupreme Court of Georgia · 1917
- State ex rel. Troll v. BrownSupreme Court of Missouri · 1898
23 more not listed; retrieve them via the Exa API.