State ex rel. Thompson v. Circuit Judge
Supreme Court of Alabama
Motion by the relator, for a mandamus to the Circuit Judge •of Mobile, to grant the relator a certificate of election to the office of Clerk of the County Court of Mobile county. The petition sets out, that at the last general election an election Avas held in that county, according to law, for Clerk of the County Court. That at such election, himself and four others Avere candidates.
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Motion by the relator, for a mandamus to the Circuit Judge •of Mobile, to grant the relator a certificate of election to the office of Clerk of the County Court of Mobile county. The petition sets out, that at the last general election an election Avas held in that county, according to law, for Clerk of the County Court. That at such election, himself and four others Avere candidates. That from the returns made from all the precincts to the managers at the court house, the result was declared that Edward Rust had received 632 votes, the relator 630 votes, and the other three each a lesser…
1Opinion of the CourtGoldthwaite, J.
1. We have heretofore had occasion to consider the nature of the powers conferred on the Circuit Court Judges, by the act prescribing the manner by which elections for clerks and sheriffs shall be contested. [Womack v. Holloway, 2 Ala. Rep. 17.] We there held, the action of the Circuit Judge was not of a judicial character, but extending to the supervision of the election, so far as to advise the executive whether the election was legal, or illegal j and,' if legal, also to inform the executive which person was elected, in order that a commission to him might be issued ; and if illegal, that…
2Cases cited1 opinion
- Hill v. StateSupreme Court of Alabama · 1840
3Cited by19 opinions
- State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
- State ex rel. Spence v. Judge of the Ninth Judicial CircuitSupreme Court of Alabama · 1848
- Roe v. Mobile County Appointment Bd.Supreme Court of Alabama · 1995
- Hudmon v. SlaughterSupreme Court of Alabama · 1881
- Shreve v. PendletonSupreme Court of Georgia · 1907
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