Hasty v. Marengo County Bank
Supreme Court of Alabama
Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Petition by A. L. Hasty, as Judge of Probate and as Ex Officio Judge of the County Court of Marengo County, for writ of mandamus to the Marengo County Bank, as depositary, to compel payment of salary warrant. Erom a judgment sustaining a demurrer to the petition, petitioner appeals. The claim is proper and correct.
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Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Petition by A. L. Hasty, as Judge of Probate and as Ex Officio Judge of the County Court of Marengo County, for writ of mandamus to the Marengo County Bank, as depositary, to compel payment of salary warrant. Erom a judgment sustaining a demurrer to the petition, petitioner appeals. The claim is proper and correct. Where a claim is fixed by law against a county as to validity and amount, presentment is not necessary. 65 Ala. 461; 46 Ala. 118; 56 Ala. 183; 66 Ala. 184; 55 Ala. 534; 103 Ala. 398, 15 South. 828. This was 'not a claim…
1Opinion of the CourtGardner, J.
Ax>pellant filed his petition in the Marengo circuit court for writ of mandamus to be directed to the Marengo county bank as the county depositary for Marengo county, to require the x^ayment of a warrant for one month’s salary due the petitioner as judge of the county court of said county.
The demurrer to the petition was sustained, and from this adverse ruling a nonsuit was taken; and this appeal is prosecuted to review the action of the court in sustaining such demurrer.
11] It is insisted that mandamus is not the proper remedy. As against a county treasurer it has been held by this court…
2Cases cited11 opinions
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Cobb v. VarySupreme Court of Alabama · 1897
- Compton v. Marengo County BankSupreme Court of Alabama · 1919
- Shinbone v. Randolph CountySupreme Court of Alabama · 1876
- Ex Parte JohnsonSupreme Court of Alabama · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- Downs v. City of BirminghamSupreme Court of Alabama · 1940
- State Ex Rel. Camp v. HerzbergSupreme Court of Alabama · 1932
- Leonard v. LyonsSupreme Court of Alabama · 1920
- State Ex Rel. Harmon v. MurphySupreme Court of Alabama · 1924
4 more not listed; retrieve them via the Exa API.