Smith v. Speed
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This was an application by petition, by Joseph H. Speed, tbe superintendent of public instruction, for a mandamus against Robert T. Smith, tbe auditor of public accounts, to compel said auditor to draw his warrant on tbe tax-collector of Macon county, in favor of tbe treasurer of said county, for tbe amount certified to tbe auditor by said superintendent as ninety per cent, of tbe public…
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This was an application by petition, by Joseph H. Speed, tbe superintendent of public instruction, for a mandamus against Robert T. Smith, tbe auditor of public accounts, to compel said auditor to draw his warrant on tbe tax-collector of Macon county, in favor of tbe treasurer of said county, for tbe amount certified to tbe auditor by said superintendent as ninety per cent, of tbe public school money to which said county would be entitled for tbe scholastic year 1874. The petition alleged, that said…
1Opinion of the CourtBrickell, J.
Several questions were presented and argued at the bar. It was insisted by the counsel for the appellant, that the statute of April 19,. 1873, was unconstitutional, because it prevented the passage of the public revenue into the state treasury, from which it could be withdrawn only in pursuance of an appropriation made by law. Next, that it was repugnant to the later statute of December 19, 1873, and was thereby repealed; and that this act was not violative of any provision of the constitution, state or federal. On the reverse of these propositions the appellee insisted.
The first question we…
2Cases cited5 opinions
- Ex parte RandolphU.S. Circuit Court for the District of Virginia · 1833
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- George v. Skeates & Co.Supreme Court of Alabama · 1851
- Kinney v. MallorySupreme Court of Alabama · 1842
3Cited by35 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Abramson v. HardSupreme Court of Alabama · 1934
- City of Mobile v. Gulf Development Co.Supreme Court of Alabama · 1965
- Opinion of JusticesSupreme Court of Alabama · 1945
- Shehane v. BaileySupreme Court of Alabama · 1895
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