17 Ala. 527 | Ala. | 1850
An application for a mandamus will only be granted when the petitioner shows a clear legal right and, there is no other legal remedy to enforce it. — Exparte Jones, 1 Ala. 15, and cases there cited ; Cuthbert et al. v. Lewis, 6 Ala. 262 ; Spence v. Terry, 13 Ala. 805. We have therefore only to enquire whether the petitioner has shown a specific legal right and whether the law'has provided any other remedy to enforce it. If the right is shown and there is no other remedy, the writ ought to be granted.
By the act of the 12th of January 1833, commissioners were appointed for the county of Tallapoosa with power to contract for and recieve in behalf of the county one hundred and sixty acres of land for the purpose of erecting public buildings for the use of the county. They were authorised to contract for the building of a court-house and county jail, and were required to superintend the work; and the commissioners’ court were required to levy a tax to pay the expenses of the buildings, if the proceeds of the sales of lots, that the commissioners were authorised and required to sell, were insufficient for that purpose. By the act of the L4th of January 1 834, other commissioners were appointed, with the same powers. By the act of 1S41, other commissioners were appointed, amongst whom was
In the condition in which the cause is now presented to us, we cannot examine the question raised by the argument of the defendants’ counsel, whether the petitioner is bound for the public money that may have come to the hands of the other commissioners and not accounted for by them? This, as well as any other questions respecting the amount due, can only be examined upon a trial of the merits. But the facts set forth in the petition entitle the plaintiff to the writ, and the court erred in sustaining the demurrer.
Let the judgment be reversed and the cause remanded.