State ex rel. Spence v. Judge of the Ninth Judicial Circuit
Supreme Court of Alabama
Before the Hon G. W. Stone. Solomon Spence at a previous day of this term, filed his • petition, in which he represented, that at the last August election, he was duly elected sheriff of Talladega county, receiving 711 votes, Josiah Terry receiving 709 votes, and Givens 343 votes.
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Before the Hon G. W. Stone. Solomon Spence at a previous day of this term, filed his • petition, in which he represented, that at the last August election, he was duly elected sheriff of Talladega county, receiving 711 votes, Josiah Terry receiving 709 votes, and Givens 343 votes. That after'the returns of the election were made, and the result was announced, Josiah Terry notified the petitioner, that he intended to contest the election, before the Hon George W. Stone, judge of the 9th judicial circuit, upon the grounds — 1. That he, Terry, had received a plurality of the legal votes cast at…
1Opinion of the CourtDargan, J.
The circuit judge, in the exercise of the powers conferred on him by the act of 1840, prescribing the manner in which elections for sheriffs and clerks shall be contested, acts as the supervisor of the election, or the returning officer, for the purpose of advising the executive, whether the election is legal or illegal; and if legal, who was elected, in order that a commission may issue to him. In exercising these powers, he does not set as a judge pronouncing definitively on the rights of the opposing candidates to the office. See The State ex. rel. Thompson v. The Circuit Court Judge of…
2Cases cited2 opinions
- State ex rel. Thompson v. Circuit JudgeSupreme Court of Alabama · 1846
- Ex parte JonesSupreme Court of Alabama · 1840
3Cited by27 opinions
- Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Mitchell v. KinneySupreme Court of Alabama · 1942
- Hudson v. SolomonSupreme Court of Kansas · 1877
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
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