State ex rel. Crumpton v. Montgomery
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Quo Warranto by the state on the relation of W. B. Crumpton against Arthur H. Montgomery and others, to test their right to hold the office of Excise Commissioners of Montgomery County. Judgment for respondents and relator appeals. The petition attacks the validity of the law creating the office, and therefore denies the rightful existence of the office, and quo warranto is the remedy.— State ex rel.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Quo Warranto by the state on the relation of W. B. Crumpton against Arthur H. Montgomery and others, to test their right to hold the office of Excise Commissioners of Montgomery County. Judgment for respondents and relator appeals. The petition attacks the validity of the law creating the office, and therefore denies the rightful existence of the office, and quo warranto is the remedy.— State ex rel. Winter v. Sayre, 142 Ala. 641; State ex rel Tillman v. Jackson, 148 Ala. 148; City of Montgomery v. State ex rel, 145 Ala.…
1Opinion of the CourtMcCLELLAN, J.
This proceeding in the nature of quo warranto, instituted by the state on the relation of W. B. Crumpton, is to test the right of Montgomery, Hails, and Banks to occupy and exercise the powers and privileges of “excise commissioners” and of the “excise commission” in the county of Montgomery, state of Alabama. The prayer of the petition is that the respondents, Montgomery, Hails, and Banks, be required “to show by what warrant or authority they claim the right to hold said offices, respectively, and to exercise the rights and powers of the excise commission, and that on final hearing judgment…
2Cases cited26 opinions
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Isenhour v. StateIndiana Supreme Court · 1901
- Noel v. PeopleIllinois Supreme Court · 1900
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3Cited by99 opinions
- Alabama State Federation of Labor v. McAdorySupreme Court of Alabama · 1944
- People v. ChambersCalifornia Supreme Court · 1972
- Thompson v. SmithSupreme Court of Virginia · 1930
- Doss v. StateSupreme Court of Alabama · 1929
- In Re Gross Production Tax of Wolverine Oil Co.Supreme Court of Oklahoma · 1915
94 more not listed; retrieve them via the Exa API.