Hasty v. Marengo County Bank
Supreme Court of Alabama
Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Petition by A. L. Hasty, County Judge of Marengo County, for a writ of mandamus to the Marengo County Bank, County Depository, to pay certain warrants on the county. Prom a decree sustaining demurrers to the petition, petitioner appeals.
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Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Petition by A. L. Hasty, County Judge of Marengo County, for a writ of mandamus to the Marengo County Bank, County Depository, to pay certain warrants on the county. Prom a decree sustaining demurrers to the petition, petitioner appeals. Thirty-three warrants were issued and are attached as exhibits to the petition, and show that they were drawn monthly on the last day of each month, beginning on January 31, 1917, and running to September 30, 1919. The petition alleges that they are drawn on the “county treasury of Marengo…
1Opinion of the CourtSomerville, J.
Construing the act of September 15, 1915 (Gen. Acts 1915, p. 348), abolishing the office of county treasurer and providing for the deposit of county funds in banks designated as depositories, this court has held that it was intended to create a mere contractual agency to perform the functions of the former county treasurer, and that the depositary did not become a public officer. Compton v. Marengo County Bank, 203 Ala. 129, 82 South. 159. The act provides that—
“All warrants drawn upon the depository must be signed by the probate judge of said ■county or the president of the board of…
2Cases cited7 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Compton v. Marengo County BankSupreme Court of Alabama · 1919
- Savage v. MathewsSupreme Court of Alabama · 1893
- Vincent v. Gilmer'sSupreme Court of Alabama · 1874
- Hasty v. Marengo County BankSupreme Court of Alabama · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pickens County v. WilliamsSupreme Court of Alabama · 1934
- Pickens County v. JohnsonSupreme Court of Alabama · 1933
- Henry v. State Ex Rel. Birmingham WaterworksSupreme Court of Alabama · 1935
- Sanders v. YoungSupreme Court of Alabama · 1929
- State Ex Rel. Rothrum v. DarbySupreme Court of Missouri · 1940