Bryce v. Burke
Supreme Court of Alabama
Mandamus. Appeal from Cullman Circuit Court. Heard before Hou. D. W. Speake. Petition by C. W. Bryce for mandamus against R. I. Burke, Judge of Probate, requiring him to certify bis incompetency to try a certain contested election. From an order denying tbe writ, petitioner appeals.
Read the full summary
Mandamus. Appeal from Cullman Circuit Court. Heard before Hou. D. W. Speake. Petition by C. W. Bryce for mandamus against R. I. Burke, Judge of Probate, requiring him to certify bis incompetency to try a certain contested election. From an order denying tbe writ, petitioner appeals. Tbe petition alleges, in effect: That tbe petitioner was a qualified elector of Cullman county, Ala., and was tbe Democratic nominee for sheriff of that county at tbe election held on tbe 8th day of November, X9X0. That the votes a.t said election were properly canvassed, and that petitioner was declared elected…
1Opinion of the Court
SAYRE, J.-
Bryce was a candidate for the office of sheriff of- Cullman county at the election held November 8, 1910, was declared to have received a majority of the votes, and received a. certificate of his election. Thereafter Scheuing, who had been a rival candidate for the office, set on foot a contest before the Honorable R. I. Burke, judge of probate for said county. The contest proceeded upon various grounds. Paragraph 7 of the statement of grounds of contest was as follows:
“(7) On account of the reception of illegal votes in precinct 12 in this county, in this: That said managers or…
2Cases cited8 opinions
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- Fulton v. LongshoreSupreme Court of Alabama · 1908
- Speed v. CockeSupreme Court of Alabama · 1876
- Ex parte CornwellSupreme Court of Alabama · 1905
- Medlin v. TaylorSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Morgan County Commission v. PowellSupreme Court of Alabama · 1974
- State Ex Rel. Hannah v. ArmijoNew Mexico Supreme Court · 1933
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Board of Education of Jefferson County v. StateSupreme Court of Alabama · 1930
- State Ex Rel. Miller v. AldridgeSupreme Court of Alabama · 1925
21 more not listed; retrieve them via the Exa API.