State Ex Rel. Kernachan v. Roberts
Supreme Court of Alabama
’Appeal from. Circuit Court, Lauderdale County; C. P. Almon, Judge. Petition by the State, on relation of W. J. Kernachan, for quo warranto to determine the right of S. S. Roberts to exercise the office of all time, county health officer. From judgment of nonsuit, relator appeals.
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’Appeal from. Circuit Court, Lauderdale County; C. P. Almon, Judge. Petition by the State, on relation of W. J. Kernachan, for quo warranto to determine the right of S. S. Roberts to exercise the office of all time, county health officer. From judgment of nonsuit, relator appeals. Transferred from Court of Appeals under section 6, p.' 449, Acts 1911. The petition is as follows: That the said W. J. Kernachan is a resident of Florence, Ala., and that be is regularly a licensed and practicing physician in the said city and county. (2)That the Medical Society of Lauderdale County is a society…
1Per curiam
[1] The majority of the court, consisting of Justice MAYFIELD, SAYRE, SOMERVILLE, GARDNER, and THOMAS, are of the opinion that quo warranto will lie in this ease, and the following is their opinion:
It was not decided in the Sanders Case, 187 Ala. 79-84, 65 South. 378, L. R. A. 1915A, 295, nor in the Harrington Case, 76 South. 422, 1 that Sanders and Harrington were not officers. _ It was only decided that they were not the’kind of officers which were included in section 281 of the Constitution, or of section 1467 of the Code. In the Sanders Case, it was only decided that section 281 of the…
2Cases cited4 opinions
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- State v. SandersSupreme Court of Alabama · 1914
- State ex rel. Scholl v. DuncanSupreme Court of Alabama · 1909
- State Ex Rel. Smith v. JusticeSupreme Court of Alabama · 1917
3Cited by8 opinions
- Colbert County v. Tennessee Valley BankSupreme Court of Alabama · 1932
- Paterson & Edey Lumber Co. v. Bank of MobileSupreme Court of Alabama · 1919
- State Ex Rel. Reeves v. ThompsonSupreme Court of Alabama · 1924
- City of Mobile v. HarkerSupreme Court of Alabama · 1920
- Jenkins v. State Ex Rel. WatsonSupreme Court of Alabama · 1929
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