State ex rel. Drago v. Smith
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Peakson. Petition by John S. Drago, in the name of the State, for mandamus against C. Brooks Smith, State Auditor, to require him to issue his warrant, in favor of petitioner, for certain sheriff’s fees. Prom a judgment denying the writ, petitioner appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Peakson. Petition by John S. Drago, in the name of the State, for mandamus against C. Brooks Smith, State Auditor, to require him to issue his warrant, in favor of petitioner, for certain sheriff’s fees. Prom a judgment denying the writ, petitioner appeals. The accounts, one for $440, for services for serving subpoenas on 880 witnesses to appear before the grand jury of Mobile county, and one for $3,900, for returning to the inferior criminal court of Mobile, county of Mobile, state of Alabama, 3,900 bonds given to release from…
1Opinion of the CourtAnderson, J.
Section 6638 of the Code of 1907, in fixing the sheriff’s fees in criminal cases, among other things provides: “For serving each subpoena or notice fifty cents.” Section 6646 provides: “The fees for services rendered in each criminal case must be taxed against the defendant' on conviction, or may be taxed against the prosecutor, under the provisions of section 7302; and if an execution is returned ‘no property found,’ or if the costs are not otherwise taxed, such costs must be paid by the state, except when * * * payable by the county.” The appellant’s insistence is that as the fee of the…
2Cases cited1 opinion
- State ex rel. Pollard v. BrewerSupreme Court of Alabama · 1877
3Cited by3 opinions
- Herrmann v. Mobile CountySupreme Court of Alabama · 1918
- Stone v. State ex rel. HolcombeSupreme Court of Alabama · 1916
- Kilgore v. SwindleSupreme Court of Alabama · 1929