Legal Opinion

State ex rel. Brassell v. Teasley

Supreme Court of Alabama

Decided June 17, 1915PublishedCited by 20 opinions

Appeal from Montgomery City Court. Heard before Hon. C. P. McIntyre. Petition by the State on the relation of W. B. Bras-sell for mandamus requiring C. B. Teasley as probate judge of Montgomery county to receive and file the statement and petition of Walter B. Brassell to have his name placed on the ballot for city commissioner of the city of Montgomery. From an order denying the writ and declining to award the rule, petitioner appeals.

Read the full summary

Appeal from Montgomery City Court. Heard before Hon. C. P. McIntyre. Petition by the State on the relation of W. B. Bras-sell for mandamus requiring C. B. Teasley as probate judge of Montgomery county to receive and file the statement and petition of Walter B. Brassell to have his name placed on the ballot for city commissioner of the city of Montgomery. From an order denying the writ and declining to award the rule, petitioner appeals. Appellant relies on the following points and authorities, which are directed to be set out: I. The Legislature had no authority, by enacting Acts 1915, p. 52;…

1Opinion of the Court

(1) 1. Proposition 1 cannot be approved in view of the apt authority afforded by the decision in Finklea v. Farrish, 160 Ala. 230, 49 South. 366. It was there held that the change wrought, from the Constitution of 1875 in respect of the qualifications or eligibility of persons to hold office, by the Constitution' of 1901 in that regard, “evidenced a purpose to change the policy of the state, to avoid implications adjudged to arise out of such sections (enumerated above in that opinion) in Dorsey’s Case, 7 Port. 293, and in Kents v. Mobile, 120 Ala. 623, 24 South. 952, to have general…

2Cases cited16 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Hawker v. New YorkSupreme Court of the United States · 1898
  3. Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
  4. State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
  5. State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913

11 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Reed v. BrunsonSupreme Court of Alabama · 1988
  2. Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
  3. Dunn v. DeanSupreme Court of Alabama · 1916
  4. Ex Parte MelofSupreme Court of Alabama · 1999
  5. State Ex Rel. Highsmith v. Brown Service Funeral Co.Supreme Court of Alabama · 1938

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API