Dawson v. Matthews

Decision Date31 January 1895
Citation17 So. 19,105 Ala. 485
PartiesDAWSON, SUPERINTENDENT OF CONVICTS, v. MATTHEWS, CLERK OF COURT.
CourtAlabama Supreme Court

Appeal from city court of Montgomery; Thomas M. Arrington, Judge.

Petition by H. H. Matthews, as clerk of the city court of Montgomery for a writ of mandamus against R. H. Dawson, superintendent of convicts. From a judgment granting the petition respondent appeals. Reversed and dismissed.

The appellee, H. H. Matthews, as clerk of the city court of Montgomery, filed a petition, addressed to the judge of the city court of Montgomery, in which he averred that on December 9, 1893, one Hilliard Smith was duly convicted of murder in the first degree in the city court of Montgomery and sentenced to be hanged; that afterwards, on July 14 1894, after the affirmance of the judgment by the supreme court, the sentence of death imposed by the city court was commuted by the governor to imprisonment for life in the penitentiary; that on September 6, 1894, the petitioner, as clerk of the city court, directed to R. H. Dawson, superintendent of convicts, a certified copy of the sentence against the said Smith, and also a certified statement or bill of costs of said conviction, containing the items allowed by law in such cases; that by order of said superintendent of convicts Hilliard Smith was removed to the penitentiary, but that the said R. H. Dawson, as superintendent of convicts, failed and refused to request the auditor to draw his warrant on the state treasurer in favor of the petitioner for the correct amount of the cost bill, which was certified to him, notwithstanding the petitioner fully complied with all the requirements of the law in reference to making out and certifying the statements accompanying the sentence, and the said bill of costs. Upon these averments the petitioner prayed for a writ of mandamus to be issued to R. H. Dawson, as superintendent of convicts, to compel him to request the auditor to draw his warrant on the state treasurer, in favor of the petitioner, as clerk of the city court of Montgomery, as provided by section 54 of the act "to create a new convict system for the state of Alabama." Acts 1892-93, p. 215. The respondent waived the issue of the rule nisi and all other notice of the petition, and for answer thereto admitted the truth of each and every allegation of said petition, but denied that the petitioner was entitled to the relief therein prayed for, because the law does not provide for the payment by the state of the costs in a case wherein the sentence of death is imposed, and afterwards commuted to imprisonment ; in the penitentiary. On the hearing of the petition and the answer, the court granted the prayer of the petitioner, and ordered a peremptory writ of mandamus to issue to R. H. Dawson, as superintendent of convicts, commanding him to request the auditor to draw his warrant on the state treasurer in favor of the petitioner, as clerk, etc., for the correct amount of the cost bill, as stated in the opinion. From this judgment the respondent appeals, and assigns the same as error.

William C. Fitts, Atty. Gen., for appellant.

A. D. Sayre, for appellee.

HARALSON J.

In the act to create a new convict system for the state of Alabama (Acts 1892-93, p. 214), it is provided in section 54 "that upon the conviction and sentence of any person to the penitentiary, the clerk of the court in which the sentence is pronounced, shall immediately transmit to the superintendent of convicts, a certified copy of such sentence, and a certified copy of the statement put upon the minutes of the...

To continue reading

Request your trial
7 cases
  • Osborn v. Henry
    • United States
    • Alabama Supreme Court
    • May 24, 1917
    ... ... under the provisions of said act will become due on the 1st ... day of February, 1917. It is further averred that Ernest ... Matthews, as the register of said circuit court of said ... county, is claiming the right to be paid the salary provided ... for "the register in chancery" ... Askew, 172 Ala. 160, 54 ... So. 605; Reese v. Cleburne Co., 139 Ala. 299, 35 So ... 879; Troup's Case, 109 Ala. 162, 19 So. 503; Dawson ... v. Matthews, 105 Ala. 485, 17 So. 19; Tillman v ... Wood, 58 Ala. 578 ... If, ... therefore, sections 96 and 163 of the ... ...
  • United Verde Extension Min. Co. v. Biles
    • United States
    • Arizona Supreme Court
    • June 26, 1923
    ... ... letter, and must be strictly construed, for the reason, as ... held, that costs are in the nature of a penalty." ... Dawson v. Matthews, 105 Ala. 485, 17 So ... 19. [25 Ariz. 265] ... Baldwin ... v. Boulware, 82 Mo.App. 321; Gehrke v ... Gehrke, ... ...
  • Copeland v. Jefferson County
    • United States
    • Alabama Supreme Court
    • April 8, 1915
    ...against him the language of the statute must be strictly construed. Mobile County v. Williams, 180 Ala. 639, 61 So. 966; Dawson v. Matthews, 105 Ala. 485, 17 So. 19; State v. Brewer, 59 Ala. It will not be denied that the Legislature has at all times had the power to dispose of the matter o......
  • State v. Brown
    • United States
    • Alabama Supreme Court
    • April 10, 1924
    ... ... In the absence of such authority, the decree so ... taxing the costs in this case was erroneous. Pollard v ... Brewer, 59 Ala. 130, 134; Dawson v. Matthews, ... 105 Ala. 485, 17 So. 19. In that respect the decree will be ... corrected, and as thus corrected it will be affirmed ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT