Burke v. Armstrong
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. J. Q. Smith. The appellee, the tax-collector of Lowndes county, applied to the circuit court for a, mandamus compelling the appellant, as county treasurer, to receive in settlement of the taxes of the county, warrants or orders on the treasury, which appellee had collected. On a hearing, the circuit court awarded the mandamus, and this appeal is prosecuted for a reversal of that judgment.
1Opinion of the CourtBrickell, C. J.
The statutes require all claims against counties to be presented to the court of county commissioners for allowance. That court is required to audit such claims, and to register such as are allowed in a book kept for that purpose. The claimant receives a warrant on the treasury for the amount allowed. R. C. § 907-9. The county treasurer is required to register and number all claims allowed in the order of *49their presentment, and he is bound to pay them according to such order. R. C. § 926. The purpose of the statutory provisions is, to define clearly the mode of adjusting claims against…
2Cases cited3 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
- Falkner v. Judge & Commissioners of Randolph CountySupreme Court of Alabama · 1851
3Cited by2 opinions
- Howard v. State Ex Rel. McGarrySupreme Court of Alabama · 1933
- Wadsworth v. StateSupreme Court of Alabama · 1932