STATE v. JONES

3 Div. 527.

41 So.2d 280 (1949)

STATE ex rel. CARMICHAEL, Attorney General, v. JONES.

Supreme Court of Alabama.

Rehearing Denied June 30, 1949.


Attorney(s) appearing for the Case

A. A. Carmichael, Atty. Gen., and Silas C. Garrett, III, Asst. Atty. Gen., for petitioner.

Hill, Hill, Whiting & Harris and John O. Harris, of Montgomery, amici curiae.

Hill, Hill, Stovall & Carter, of Montgomery, for respondent.


SIMPSON, Justice.

Petition for mandamus to require respondent Judge to enter a consent judgment in a cause pending in his court.

The essential question for decision is whether the attorney general of Alabama is authorized and empowered to settle a pending suit by the State filed by him in his official capacity for the collection of an unliquidated tax claim, by taking a consent judgment in the cause for less than the amount sued for and claimed to be due by...

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