State ex rel. McKinley v. Martin
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Quo warranto by the state on the relation of C. W. McKinley and others, against H. L. Martin, to test respondent’s right to the office of alderman in the city of Birmingham. Prom an order denying the writ relators appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Quo warranto by the state on the relation of C. W. McKinley and others, against H. L. Martin, to test respondent’s right to the office of alderman in the city of Birmingham. Prom an order denying the writ relators appeal. The act in question does not violate section 45 of the Constitution. — State, ex rel. v. McGary, 30 South. 641; Ex parte Thomas, 113 Ala. 1; Sisk v. Gargile, 138 Ala. 164; Key v. Jones, 40 Ala. 246; Ex parte Pollard, 40 Ala. 77; State, ex rel. v. Timstall, 40 South. 135. If notice was required, it was…
1Opinion of the CourtSimpson, J.
This appeal is from the order of the circuit judge denying a writ of quo warranto to the respondent to test his right to the office of alderman in the city of Birmingham, etc. The substance of the petition is that the “act to alter or rearrange the boundary lines of the city of Birmingham,” approved August 8, 1907, (Loc. Acts 1907, p. 902), known as the “Greater Birmingham Act,” having become a law, and an election thereunder held on January 6,1908, the subsequent election for attaching the city of Avondale to said city of Birmingham, held June 6, 1908, being within the six months fixed by…
2Cases cited9 opinions
- Moog v. RandolphSupreme Court of Alabama · 1884
- Jones v. HutchinsonSupreme Court of Alabama · 1869
- Ex parte Howard-Harrison Iron Co.Supreme Court of Alabama · 1898
- Moody v. StateSupreme Court of Alabama · 1872
- Mayor of Wetumpka v. Wetumpka Wharf Co.Supreme Court of Alabama · 1879
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3Cited by6 opinions
- Carlton v. GrimesSupreme Court of Iowa · 1946
- State v. HestonWest Virginia Supreme Court · 1952
- State Ex Rel. Armbrecht v. ThornburgWest Virginia Supreme Court · 1952
- Stewart v. Wilson Printing Co.Supreme Court of Alabama · 1924
- Magee v. BoydSupreme Court of Alabama · 2015
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