Casey v. Bryce
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by A. J. Casey, the outgoing sheriff of Cullman County, against O. W. Bryce, the sheriff declared elected and commissioned, to enjoin him from taking charge of the office of sheriff of Cullman County. From a decree sustaining demurrers to- the bill and dissolving the temporary injunction on the denials to the answer, complainant appeals.
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Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by A. J. Casey, the outgoing sheriff of Cullman County, against O. W. Bryce, the sheriff declared elected and commissioned, to enjoin him from taking charge of the office of sheriff of Cullman County. From a decree sustaining demurrers to- the bill and dissolving the temporary injunction on the denials to the answer, complainant appeals. The facts stated in the bill must on the motion and demurrers be taken as true. — First Ave. O. & L. Go. v. Jolvnson, 51 South. 599. These facts show appellant to be a de jure officer.…
1Opinion of the CourtSommerville, J.
This is a bill filed by the appellant, A. J. Casey, on January 12, 1911, seeking to enjoin the appellee, C. W. Bryce, from taking possession of the office of sheriff of Cullman county, or any of the paraphernalia thereof, and from interfering in any manner with complainant’s possession of said office until a judicial determination of said Bryce’s right to do so.
The bill shows that the complainant, Casey, was elected to the office of sheriff of Cullman county in 1906, and was the legal incumbent thereof for the term ending on January 16, 1911 — a fact of which, all courts must take judicial…
2Cases cited5 opinions
- Moulton v. ReidSupreme Court of Alabama · 1875
- Guillotte v. PoincySupreme Court of Louisiana · 1889
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- Plowman v. ThorntonSupreme Court of Alabama · 1875
- White v. Rankin & Co.Supreme Court of Alabama · 1890
3Cited by20 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Shepherd v. SartainSupreme Court of Alabama · 1913
- Patten v. MillerSupreme Court of Georgia · 1940
- Sutton v. AdamsSupreme Court of Georgia · 1934
- Dennis v. PratherSupreme Court of Alabama · 1925
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