Tarver v. Comm'rs' Ct.

Citations

• 17 Ala. 527

Syllabus

<p>1. A mandamus will be granted, whenever a clear legal right is shown, and • there is no other legal remedy to enforce it. / ■</p> <p>2. Where by an act of the Legislature it is made lawful for the commissioners’ court of roads and revenue to impose such tax, in addition to that levied for county purposes, as may be necessary to pay such sum of money as commissioners appointed.to contract for the erection of county buildings had, in the discharge of that duty, rendered themselves liable to pay, the latter have a legal right to require said court to levy and collect t a tax sufficient to discharge any liability that they may have thus incurred. The words “it shall be lawful,” when used in a statute, are peremptory, in those eases in which the public or individuals have a right, dejare, that the powers eonfered shall be exercised.</p> <p>•3. A mandamus is the only legal remedy by which the commissioners’ court of roads and revenue can be compelled to levy and collect a tax in their county.</p>