Jackson v. State ex rel. Tillman
Supreme Court of Alabama
Appeal from the Birmingham City Court. Tried before the Hon. Charles W. Ferguson. This is a proceeding, in the nature of a quo warranlo, biought by the State on the relation of S. J. Tillman, and by S. J. Tillman against William Jackson. The facts sufficient for an understanding of the case are stated in the opinion. State ex rel. Grow v. Grooh, 123 Ala. 657. 17 Ency. PI. and Pr. 457-8 and 550; Montgomery v. State ex rel. Fusion, 107 Ala. 384; People v. River, etc.
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Appeal from the Birmingham City Court. Tried before the Hon. Charles W. Ferguson. This is a proceeding, in the nature of a quo warranlo, biought by the State on the relation of S. J. Tillman, and by S. J. Tillman against William Jackson. The facts sufficient for an understanding of the case are stated in the opinion. State ex rel. Grow v. Grooh, 123 Ala. 657. 17 Ency. PI. and Pr. 457-8 and 550; Montgomery v. State ex rel. Fusion, 107 Ala. 384; People v. River, etc. Company, 86 Am. Dec. 66; Stale v. Harris, 36 Am. Dec. 462; State ex rel. Little v. Foster, 130 Ala. 154.
1Opinion of the CourtDowdell, J.
This is a proceeding in the nature of a quo warranlo brought by the State of Alabama on the relation of S. J. Tillman. The ground of complaint averred in the information is usurpation by the respond*147ent of the office of judge of the inferior court of Bessemer.
A demurrer was interposed by the respondent to the petition on- several grounds, the first four of which may be summed up as challenging the petition because of generality of averment, and the fifth for the reason that the petition is not verified.
The averments of the petition are, that the respondent ha,s usurped, intruded into and…
2Cases cited3 opinions
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- State ex rel. Little v. FosterSupreme Court of Alabama · 1900
- State ex rel Crow v. CrookSupreme Court of Alabama · 1898
3Cited by18 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Miller v. State Ex Rel. PeekSupreme Court of Alabama · 1947
- Frost v. State ex rel. ClementsSupreme Court of Alabama · 1907
- Baker v. State Ex Rel. GreenSupreme Court of Alabama · 1931
- Hale v. State Ex Rel. AlgeeSupreme Court of Alabama · 1939
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