Somerville v. Wood
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon. W. "W. Wilkekson. This is an appeal from a judgment of the city court of Birmingham, denying the petition of the appellant for the issuance of a writ of mandamios, directed to the appellee, as treasurer of the town of W oodlawn; and the rendition of this judgment is assigned as error. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Heard before the Hon. W. "W. Wilkekson. This is an appeal from a judgment of the city court of Birmingham, denying the petition of the appellant for the issuance of a writ of mandamios, directed to the appellee, as treasurer of the town of W oodlawn; and the rendition of this judgment is assigned as error. The facts of the case are sufficiently stated in the opinion. The petitioner was entitled to a peremptory writ of mandamus, as applied for. As a general rule, to entitle a party to mandamus, there must concur a specific legal right and the absence…
1Opinion of the CourtColeman, J.
The appellant filed his petition, praying for the writ of mandanms, to compel the treasurer of Woodlawn to pay certain warrants which had been issued to him in payment for services rendered as superintendent of public schools. The defendant made his return to the rule nisi which had been issued and served upon him, in pursuance of the prayer of the petition. The petitioner moved to quash the answer, and also demurred to the same, assigning several grounds of demurrer. According to the abstract no action was taken by the court upon the motion to quash or upon the demurrer to the answer. Under…
2Cases cited5 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Savannah & Ogeechee Canal Co. v. ShumanSupreme Court of Georgia · 1893
- City of Benton Harbor v. St. Joseph & Benton Harbor Street Railway Co.Michigan Supreme Court · 1894
- Ex parte ShaudiesSupreme Court of Alabama · 1880
- Grayson v. LathamSupreme Court of Alabama · 1887
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