First Nat. Bank of Evergreen v. Hagood
Supreme Court of Alabama
Appeal from Circuit Court, Conecuh County ; John D. Leigh, Judge. Petition by H. S. Hagood, Tax Assessor, for mandamus to the First National Bank of Evergreen, as depositary for Conecuh County, to compel said depositary to pay warrant drawn under the orders of the commissioners’ court for assistance in the office of the tax assessor. From a decree overruling demurrer setting up unconstitutionality of the act under which warrant was issued, respondent appeals.
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Appeal from Circuit Court, Conecuh County ; John D. Leigh, Judge. Petition by H. S. Hagood, Tax Assessor, for mandamus to the First National Bank of Evergreen, as depositary for Conecuh County, to compel said depositary to pay warrant drawn under the orders of the commissioners’ court for assistance in the office of the tax assessor. From a decree overruling demurrer setting up unconstitutionality of the act under which warrant was issued, respondent appeals. Local Acts 1919, p. 211, under which petitioner claims his right to mandamus, violates section 45, in that the title authorizes the…
1Opinion of the CourtSayre, J.
[1,2] On September 25, 1919 (Local Acts, p. 211), the Legislature passed an act entitled;
“An act to authorize the commissioners’ court of Conecuh county, Alabama, to pay out of the general fund of said county to the tax assessor of said county, the sum of six hundred dollars per annum for extra assistance in his said office.”
The language of the body of the act is “that the commissioners’ court of Conecuh county' be and hereby is required to pay,” etc. One contention made on behalf of appellant, who is the county depositary, and on whom a warrant for the annual sum stipulated in the act has…
2Cases cited1 opinion
- National Surety Co. v. City of HuntsvilleSupreme Court of Alabama · 1915
3Cited by9 opinions
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- Opinion of JusticesSupreme Court of Alabama · 1945
- First Nat. Bank v. SmithSupreme Court of Alabama · 1928
- State Docks Commission v. State Ex Rel. JonesSupreme Court of Alabama · 1933
- Gray v. JohnsonSupreme Court of Alabama · 1938
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