Hudmon v. Slaughter
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the lion. Ii. D. Clayton. (1.) The power to examine and scrutinize into the election of their members is “ incident to all elective bodies.” — 1 Bay, S. C. 437. (2.) By express provision in the city charter of Opelika, the power is conferred upon the mayor and aldermen to judge of the election and qualifications of their members, or persons claiming to be such. — Acts 1872-3, p. 351, § 13. “ This confers upon the board a…
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Appeal from the Circuit Court of Lee. Tried before the lion. Ii. D. Clayton. (1.) The power to examine and scrutinize into the election of their members is “ incident to all elective bodies.” — 1 Bay, S. C. 437. (2.) By express provision in the city charter of Opelika, the power is conferred upon the mayor and aldermen to judge of the election and qualifications of their members, or persons claiming to be such. — Acts 1872-3, p. 351, § 13. “ This confers upon the board a discretion which can not be controlled by the courts. Upon the board is conferred the power to judge, not only of the…
1Opinion of the CourtSomebyille, J.
This is an application for the writ of mandamus by the petitioner, Slaughter, who claims to have been legally elected alderman, as a member of the board of Mayor and Aldermen of the city of Opelika, at ail election held under the charter of the city 'on March 7, 1882. The relator alleges the failure and refusal of the municipal board to count the votes, as shown in the returns made to them, and to' certify the result, as was their duty under the charter; and the prayer of the petition is to compel the performance of this duty.
The answer of the respondents admits their refusal to count,, and…
2Cases cited9 opinions
- State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
- Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
- State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
- State ex rel. McDill v. Board of State Canvassers & the Secretary of StateWisconsin Supreme Court · 1874
- State ex rel. Spence v. Judge of the Ninth Judicial CircuitSupreme Court of Alabama · 1848
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3Cited by18 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- Rasure v. SparksSupreme Court of Oklahoma · 1919
- Pope v. HowleSupreme Court of Alabama · 1933
- Roe v. Mobile County Appointment Bd.Supreme Court of Alabama · 1995
- Ex Parte State Ex Rel. KnightSupreme Court of Alabama · 1934
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