State ex rel. Wilkinson v. Lane
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Quo warranto by the State, on relation of Horace C. Wilkinson and others, against A. O. Lane, to oust defendant, as Commissioner of the City of Birmingham, from office on the ground that at the time of his appointment he was serving under an election as Judge of the Circuit Court of Jefferson County. From an order overruling demurrers to the answer and denying the writ, relators appeal.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Quo warranto by the State, on relation of Horace C. Wilkinson and others, against A. O. Lane, to oust defendant, as Commissioner of the City of Birmingham, from office on the ground that at the time of his appointment he was serving under an election as Judge of the Circuit Court of Jefferson County. From an order overruling demurrers to the answer and denying the writ, relators appeal. The respondent’s office is an office under the state within the meaning of section 150 of the Constitution. — Ex parte Bouncitree, 51 Ala.…
1Opinion of the Court
mb CRAFFENRIED, J.
“The British Parliament has supreme and uncontrolled power, and may change the Constitution of England, and repeal even Magna Charta, which is itself only an act of Parliament.” In re Whitcomb, 120.Mass. 118, 21 Am. Rep. 502.
The Legislature of Alabama has the same power that belongs to the British Parliament except in so far as its powers are abridged by the Constitution of the United States and the Constitution of the state. Speaking broadly, the government of the United States possesses no powers — except such as necessarily belong to it as an independent government —…
2Cases cited17 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Miller v. MarxSupreme Court of Alabama · 1876
- Fox v. McDonaldSupreme Court of Alabama · 1893
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- State ex rel. Crenshaw v. JosephSupreme Court of Alabama · 1911
12 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Peddycoart v. City of BirminghamSupreme Court of Alabama · 1978
- Ball v. JonesSupreme Court of Alabama · 1961
- Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
- City of Jacksonville v. BowdenSupreme Court of Florida · 1914
- Yeilding v. State Ex Rel. WilkinsonSupreme Court of Alabama · 1936
41 more not listed; retrieve them via the Exa API.