Legal Opinion

State ex rel. Norwood v. Goldsmith

Supreme Court of Alabama

Decided June 30, 1909PublishedCited by 15 opinions

Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Mandamus by the state on the relation of Jos. L. Nor-wood to compel Robert L. Goldsmith, as treasurer of Lowndes county to pay warrant issued by the court of county commissioners, refunding taxes. From an order denying the rule nisi, the relator appeals.

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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Mandamus by the state on the relation of Jos. L. Nor-wood to compel Robert L. Goldsmith, as treasurer of Lowndes county to pay warrant issued by the court of county commissioners, refunding taxes. From an order denying the rule nisi, the relator appeals. Counsel insist that the acts under which, the tax was levied contravenes subdivision 10 of section 104, Constitution 190.— Sisk v. Cargile, 35 South. 115. They also insist that said act contravenes section 105 of the Constitution 1901. — Southern Ry. Go. v. Cherokee County,…

1Opinion of the CourtSimpson, J.

This is an appeal from an order of the judge of the city court of Montgomery, refusing to grant a rule nisi on an application for a writ of mandamus to compel appellee to pay a warrant issued by the *173board of revenue of Lowndes county in favor of the relator.

On August 2, 1907, the Legislature enacted “An act for the improvement of the public roads of Lowndes county.” Said act creates the office of supervisor of roads, provides for his election and salary, also provides for overseers, their salary, etc., and provides for the levy of an annual tax of 25 cents on each $100, etc. — Loc. Acts 1907,…

2Cases cited3 opinions

  1. State v. RogersSupreme Court of Alabama · 1894
  2. Commissioners' Court v. MooreSupreme Court of Alabama · 1875
  3. Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894

3Cited by15 opinions

  1. Hall v. UnderwoodSupreme Court of Alabama · 1953
  2. Norwood v. GoldsmithSupreme Court of Alabama · 1910
  3. Brown v. Lowndes CountySupreme Court of Alabama · 1918
  4. Allred v. DunnSupreme Court of Alabama · 1922
  5. Board of Revenue & Road Commissioners v. State ex rel. DragoSupreme Court of Alabama · 1911

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