Reynolds v. Blue
Supreme Court of Alabama
Appear from the City Court of Montgomery. Tried before Hon. John D. Cunningham. This was an appeal by R. M. Reynolds, auditor, from a peremptory mandamus issued out 'of tbe city court of Montgomery, commanding biro, to draw bis warrant on tbe State treasurer, in favor of M. P. Blue, for $168, tbe amount claimed by Blue as bis per diem compensation as secretary of tbe senate, for tbe twenty-one days of tbe recess of tbe general assembly of Alabama, between tbe 19tb day of…
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Appear from the City Court of Montgomery. Tried before Hon. John D. Cunningham. This was an appeal by R. M. Reynolds, auditor, from a peremptory mandamus issued out 'of tbe city court of Montgomery, commanding biro, to draw bis warrant on tbe State treasurer, in favor of M. P. Blue, for $168, tbe amount claimed by Blue as bis per diem compensation as secretary of tbe senate, for tbe twenty-one days of tbe recess of tbe general assembly of Alabama, between tbe 19tb day of December, 1871, and tbe lOtb day of January, 1872. Blue’s petition shows that be was secretary of tbe senate at tbe…
1Opinion of the CourtPeck, C. J.
The motion to dismiss the appeal because security for the costs of the appeal was not given, must be overruled. This proceeding is essentially, except as to the name of the party against whom it is instituted, a proceeding against the State. The appellant, as auditor, has no interest in the matter, except in so far as it is his duty, as a public State officer, to protect the interests of *713the State,-and he ought to.be permitted to do this without subjecting himself, individually, for the costs. Since the case of Riggs, Comptroller, v. Pfister, 21 Ala. 469, to the present time, the comptroller…
2Cases cited1 opinion
- Riggs v. PfisterSupreme Court of Alabama · 1852
3Cited by13 opinions
- Johnson v. CraftSupreme Court of Alabama · 1921
- Hawks v. BlandSupreme Court of Oklahoma · 1932
- May v. RiceIndiana Supreme Court · 1883
- Dickinson v. JohnsonSupreme Court of Arkansas · 1915
- State ex rel. Peyton v. CunninghamMontana Supreme Court · 1909
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