Thompson v. Holt
Supreme Court of Alabama
This was a statutory proceeding commenced by the appellee, P. S. Holt, against the appellant, Benjamin Thompson, before Hon. J. E. Cobb, judge of the ninth judicial circuit, to compel the delivery of the books, papers, and property appertaining to the office of probate judge of Macon county, which office it was alleged Thompson had vacated, by the failure to give an additional bond required of him.
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This was a statutory proceeding commenced by the appellee, P. S. Holt, against the appellant, Benjamin Thompson, before Hon. J. E. Cobb, judge of the ninth judicial circuit, to compel the delivery of the books, papers, and property appertaining to the office of probate judge of Macon county, which office it was alleged Thompson had vacated, by the failure to give an additional bond required of him. Holt’s petition, sworn to by him, alleges that he is a citizen of Macon county, and on the 16th day of November, 1875, was duly appointed and commissioned, by the Governor of Alabama, judge of the…
1Opinion of the CourtBrickell, C. J.
This was a proceeding instituted by the appellee, claiming to be judge of probate of the county of *497Macon, against the appellant as the former incumbent of the office, under the 6th article, 5th title, chapter 1, part 1, of the Revised Code, to compel the delivery of the books, papers, and property appertaining to the office. It was had before the judge of the circuit court of the ninth judicial circuit, who made an order requiring the appellee to make the delivery. From that order this appeal is prosecuted, and the appellee moves its dismissal, because the appeal does not lie from such…
2Cases cited13 opinions
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
- State ex rel. Atherton v. SherwoodSupreme Court of Minnesota · 1870
- Crowell v. LambertSupreme Court of Minnesota · 1865
- People ex rel. Benoit v. MillerMichigan Supreme Court · 1867
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3Cited by27 opinions
- Grider v. TallySupreme Court of Alabama · 1884
- Moore v. StricklingWest Virginia Supreme Court · 1899
- State Ex Rel. Ward v. HenrySupreme Court of Alabama · 1931
- Ex parte BuckleySupreme Court of Alabama · 1875
- State ex rel. Attorney-General v. JohnsonSupreme Court of Florida · 1892
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