State ex rel. Hanna v. Tunstall
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. E. IT. Hanna and others on the relation of the State of Alabama filed an information in the nature of quo warranto seeking to test the title of the respondent Tun-stall to the office of solicitor of Calhoun county, and to ascertain Hanna’s standing as to the said office.
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Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. E. IT. Hanna and others on the relation of the State of Alabama filed an information in the nature of quo warranto seeking to test the title of the respondent Tun-stall to the office of solicitor of Calhoun county, and to ascertain Hanna’s standing as to the said office. The information set forth that Tunstall claims and holds the office by virture of an appointment from the governor of Alabama under a local act creating the office, the constitutionality of which is attacked on account of the notice given of the intention to…
1Opinion of the CourtSimphon, J.
This is an information in the nature of a quo warranto, and the first question raised is the right of the defendant (appellee) to the office of solicitor of Calhoun county, by virtue of the appointment by the governor of Alabama under Local Acts 1903, p. 625. And it is claimed that the notice of the intention to apply for the-passage of this act was not sufficient under section 106 of the Constitution.
This provision of our Constitution has been before this court several times, and, from the fact that the courts of other states having like provisions have declared that the Legislature is the…
2Cases cited4 opinions
- State v. RogersSupreme Court of Alabama · 1894
- State v. StreetSupreme Court of Alabama · 1897
- Wallace v. Board of Revenue of Jefferson CountySupreme Court of Alabama · 1903
- Thomas v. StateSupreme Court of Alabama · 1899
3Cited by19 opinions
- State ex rel. Knox v. DillardSupreme Court of Alabama · 1916
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- Jones v. McDadeSupreme Court of Alabama · 1917
- State Ex Rel. Wilkinson v. AllenSupreme Court of Alabama · 1929
- First Nat. Bank v. SmithSupreme Court of Alabama · 1928
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