Michael v. State ex rel. Welch
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before 1-Ion. John T. Lackland. Quo warranto by the state on the relation of W. H. Welch and others, against George J. Michael, to test his right to hold the office of city treasurer of the city of Demopolis. Judgment for relators and respondent appeals. The Municipal Code Act is a complete law, which by its terms, became operative in September .1908. — Ward v. State ex rel.
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Appeal from Marengo Circuit Court. Heard before 1-Ion. John T. Lackland. Quo warranto by the state on the relation of W. H. Welch and others, against George J. Michael, to test his right to hold the office of city treasurer of the city of Demopolis. Judgment for relators and respondent appeals. The Municipal Code Act is a complete law, which by its terms, became operative in September .1908. — Ward v. State ex rel. Packer, 45 South. 655; Sec. 1063 and 1068, Code 1907. Under the provisions of said municipal code, the council then in power did not get the authority to use their judgment to say…
1Opinion of the CourtDenson, J.
This is an action under the statute (Code 1907, § 5453), brought in the name of the state, on the relation of W. H. Welch and others, against George J. Michael, to oust him from the office of treasurer of the city of Demopolis, and to declare and fix the right of the relator to said office. The circuit court granted the relief prayed, and the respondent has appealed.
Demopolis, a city of less than 6,000 but more than 2,000 inhabitants, was incorporated by an act of the General Assembly approved December 9, 1896. — Acts 1896-97, p. 161. By section 3 of the charter, it was provided that the…
2Cases cited7 opinions
- State ex rel. Wingate v. ValléSupreme Court of Missouri · 1867
- West End v. StateSupreme Court of Alabama · 1902
- Cline v. City of SeattleWashington Supreme Court · 1896
- Town of Sapulpa v. Sapulpa Oil & Gas Co.Supreme Court of Oklahoma · 1908
- Ward v. State ex rel. ParkerSupreme Court of Alabama · 1908
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3Cited by29 opinions
- Newberry v. City of AndalusiaSupreme Court of Alabama · 1952
- Lacey v. StateAlabama Court of Appeals · 1915
- Heck v. HallSupreme Court of Alabama · 1939
- Clark v. City of UniontownAlabama Court of Appeals · 1912
- Bright v. CalhounSupreme Court of Alabama · 2008
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