State v. Gardner
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before Hon. Philamon O. Harper. Information in the nature of a quo warranto, at the suit of the State, on the relation of William Seawell, to oust S. S. Gardner from the office of judge of the probate court of Butler county, and have the same declared vacant, The facts of the case are fully stated in the opinion. Section 200 of the Eevised Code declares some of the causes which vacate an office in this State.
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Appeal from the Circuit Court of Butler. Tried before Hon. Philamon O. Harper. Information in the nature of a quo warranto, at the suit of the State, on the relation of William Seawell, to oust S. S. Gardner from the office of judge of the probate court of Butler county, and have the same declared vacant, The facts of the case are fully stated in the opinion. Section 200 of the Eevised Code declares some of the causes which vacate an office in this State. Among them are enumerated the following : “Any office in this State is vacated by the incumbent ceasing to be a resident of the State, or…
1Opinion of the CourtPeters, J.
The complaint in this case contains two counts. The first recites, that Samuel S. Gardner, on the *24931st day of July, 1868, was duly installed into the office of judge of probate, in and for the county of Butler, in this State; that he acted as such in said county from that day to the 3d day of November, 1868, when he left the county and has not since resided within the limits thereof, nor held any courts therein, nor performed any official acts whatever within said county, but has continually since resided, and still resides, in the county of Montgomery, in said State, and has failed and…
2Cases cited3 opinions
- Haley v. ClarkSupreme Court of Alabama · 1855
- State ex rel. Attorney General v. PorterSupreme Court of Alabama · 1840
- Hamilton v. WilliamsSupreme Court of Alabama · 1855
3Cited by5 opinions
- Alabama State Bar Ex Rel. Steiner v. MooreSupreme Court of Alabama · 1968
- In re the Removal from Office of BolteAppellate Division of the Supreme Court of the State of New York · 1904
- State ex rel. Hull v. GrayMissouri Court of Appeals · 1902
- In Re AlonzoSupreme Court of Alabama · 1969
- In Re AlonzoSupreme Court of Alabama · 1969