Savage v. Wolfe
Supreme Court of Alabama
Appeal from Calhoun Probate Court. Tried before Hon. A. Woods. On the 19th of January, 1880, an election was held in beat 9, in Calhoun county, under the provisions of an act of the General Assembly, authorizing probate judges in Calhoun and other counties therein named, “to order elections in certain cases, to prevent the sale or giving, or other disposition of vinous or spirituous liquors within certain limits ’in such counties,” approved March 19th, 1875 (Pampli.
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Appeal from Calhoun Probate Court. Tried before Hon. A. Woods. On the 19th of January, 1880, an election was held in beat 9, in Calhoun county, under the provisions of an act of the General Assembly, authorizing probate judges in Calhoun and other counties therein named, “to order elections in certain cases, to prevent the sale or giving, or other disposition of vinous or spirituous liquors within certain limits ’in such counties,” approved March 19th, 1875 (Pampli. Acts, 1871-5, p. 276), which resulted in an order establishing prohibition, under the act, in said beat. On the 10th of January,…
1Opinion of the CourtStone, J.
The statute, which may be styled the local option law for Calhoun and other counties, approved, March 19, 1875 — Pampli. Acts, 276 — contains no provision for contesting elections held under it, in the form usually known as contesting* elections. If there be. any method by which alleged illegal voting, false count, etc., in such elections can be re-examined, it is not by statutory contest. — Echols v. The State, ex rel. Dunbar 56 Ala. 131. If the proceedings be so connected as to give to the probate judge jurisdiction to order an election and to appoint managers to conduct it, then the…
2Cases cited2 opinions
- Tyson v. BrownSupreme Court of Alabama · 1879
- Echols v. State ex rel. DunbarSupreme Court of Alabama · 1876
3Cited by9 opinions
- Miller v. JonesSupreme Court of Alabama · 1885
- Town of Flat Creek v. Alabama By-Products Corp.Supreme Court of Alabama · 1944
- Gordon v. CorningIndiana Supreme Court · 1910
- Swaim v. Tuscaloosa CountySupreme Court of Alabama · 1958
- Bradburn v. Wasco CountyOregon Supreme Court · 1910
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