Farson, Son & Co. v. Bird

This is an application for mandamus to compel the treasurer of Shelby county to pay certain county warrants held by petitioners, which warrants are past due.(1) It is well-settled law that mandamus will lie to compel a treasurer to pay a special claim out of a special fund, and in some cases it will lie, though an action might be maintained against him for sueh failure. — Sessions v. Boykin, 78 Ala. 328; Wyker v. Francis, 120 Ala. 520, 24 South. 895.(2) There is a class of claims, however, as to which it is held that mandamus will not lie against a county treasurer for failure to pay, even…