State ex rel. City of Mobile v. Board of R. & R. Com.
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Mandamus by tbe State on tbe relation of tbe City of Mobile against the Board of Revenue and Road Commissioners of Mobile County and others. Judgment sustaining demurrer to tbe petition, and petitioner appeals. Five separate petitions were filed for writs of mandamus against tbe board of revenue and road commissioners of Mobile county.
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Mandamus by tbe State on tbe relation of tbe City of Mobile against the Board of Revenue and Road Commissioners of Mobile County and others. Judgment sustaining demurrer to tbe petition, and petitioner appeals. Five separate petitions were filed for writs of mandamus against tbe board of revenue and road commissioners of Mobile county. In cases numbered 738, 739, and 740 tbe petitioner seeks to compel tbe respondent to cause warrants to be issued upon tbe treasurer of Mobile county for tbe payment of certain sums of money alleged…
1Opinion of the CourtSomerville, J.
-With respect to the obligations imposed upon the board of revenue of Mobilé county by the several special acts referred to, it is the theory of petitioner that the duty of paying to the city a proportionate amount of the expenses incurred by the city in *519the matter of its drains and streets, and in the maintenance of its hospital and pesthonse, does not constitute those amounts claims against the county within the operation of sections 146, 147, and 150 of the Code, and hence that the accounts kept by the city in regard to those matters need not be itemized and sworn to, as required by…
2Cases cited4 opinions
- Commissioners Court v. RatherSupreme Court of Alabama · 1872
- Shinbone v. Randolph CountySupreme Court of Alabama · 1876
- Caldwell v. DunklinSupreme Court of Alabama · 1880
- Miller v. State ex rel. ParisSupreme Court of Alabama · 1905
3Cited by12 opinions
- State Ex Rel. Hyland v. BaumhauerSupreme Court of Alabama · 1942
- Folmar v. BrantleySupreme Court of Alabama · 1939
- Rice v. Tuscaloosa CountySupreme Court of Alabama · 1941
- Ex parte ShepherdSupreme Court of Alabama · 1911
- State Ex Rel. City of Mobile v. Board of Revenue & Road Com'rsSupreme Court of Alabama · 1918
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