Scheuing v. State ex rel. Attorney General
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. W. W. Speaks. Quo warranto by the State on the relation oí the Attorney General to test the right of C. C. Scheuing to occupy the office of sheriff. From a judgment for relator, respondent appeals.
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Appeal from Cullman Circuit Court. Heard before Hon. W. W. Speaks. Quo warranto by the State on the relation oí the Attorney General to test the right of C. C. Scheuing to occupy the office of sheriff. From a judgment for relator, respondent appeals. The circuit court of Cullman county had no jurisdiction in the premises, as Scheuing’s contest against Brice for tlie office of sheriff had begun before Judge Burke, Probate Judge, before the passage of the act amending section 471, Code 1907, and could not have a retroactive effect.- — Section 95, Constitution 1901; Brice v. Burke, 55 South.…
1Opinion of the CourtMcCLELLAN, J.
Proceedings in the nature of quo warranto to test the right of the appellant to occupy *164and exercise the functions of the office of sheriff of the county of Cullman. Bryce and Scheuing (appellant) were opposing candidates for sheriff-in the general election of 1910. Bryce was given the certificate of election. Scheuing instituted his contest of the election before the judge of probate as was authorized in such cases by Code, § 471, and on October 21, 1911, the judge of probate declared the contestant the duly elected sheriff of Cullman county. Code, § 470, provided for the contest of the…
2Cases cited10 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Black v. PateSupreme Court of Alabama · 1900
- Moulton v. ReidSupreme Court of Alabama · 1875
- Ex parte BuckleySupreme Court of Alabama · 1875
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3Cited by13 opinions
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Cosby v. MooreSupreme Court of Alabama · 1953
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- Elmo v. JamesCourt of Appeals of Texas · 1926
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