Calhoun County v. Brandon, 3 Div. 292.

• Court: Supreme Court of Alabama
• Writing for the Court: THOMAS, Justice.
• Citation: 237 Ala. 537,187 So. 868
• Parties: CALHOUN COUNTY v. BRANDON ET AL.
• Docket Number: 3 Div. 292.
• Decision Date: 06 April 1939

187 So. 868

237 Ala. 537

CALHOUN COUNTY
v.
BRANDON ET AL.

3 Div. 292.

Supreme Court of Alabama

April 6, 1939

Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge.

Petition of Calhoun County for mandamus to John Brandon, Charles E. McCall, and Ben P. Singleton, as members of the State Board of Adjustment. From a judgment for defendants, petitioner appeals.

Reversed, rendered and remanded. [187 So. 869]

Merrill & Merrill and R. E. Jones, all of Anniston, for appellant.

Files Crenshaw, Sp. Atty. for Board of Adjustment, of Montgomery, Thos. S. Lawson, Atty. Gen., and Silas C. Garrett, III, Asst. Atty. Gen., for appellees.

THOMAS, Justice.

The petition is for mandamus directed to John Brandon et als., as parties who constitute the State Board of Adjustment, to vacate an order declining to examine and allow a claim of Calhoun County, Alabama, for alleged wrongful payment of per diem and expenses of Assistant State Examiners Chandler and Edgar, in the examination of the accounts of Allen, as County Superintendent of Education, and Stanley, as Custodian of "School Funds."

The circuit court denied the mandamus, and the county appeals from that judgment.

The determination of this case requires a construction of the Act of March 1, 1937 (General Acts Alabama, Extra Session, 1936-1937, p. 205), under which the claim was filed. Said act reads, in part, as follows:

"The said Board of Adjustment shall have power and it shall be its duty to hear and consider all claims for damages to the persons or property growing out of any injury done to either persons or property by any of the agencies of the State of Alabama; also, all claims for personal injuries or death of any employee of the State of Alabama, or its agencies, commissions, boards, institutions or departments arising out of the course of his or her employment, or sustained while engaged in the business of the State of Alabama or any of its agencies, commissioners boards, institutions or departments; * * * Said Board of Adjustment is also empowered and it shall be its duty to hear and consider all claims against the State of Alabama arising out of any contract, express or implied, to which the State or any of its agencies, commissions, boards institutions or departments are parties, where there is claimed a legal or moral obligation resting on the State to make payment; also, all claims for money overpaid on obligations due the State; also, all claims for underpayment by the State to parties having dealings with the State; also, all claims for money or property alleged to have wrongfully escheated to the State; also, all claims for money voluntarily paid to the State where no legal liability existed to make such payment. The claims

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