Plowman v. Thornton
Supreme Court of Alabama
This was a summary proceeding commenced by tbe appellee, W. H. Tbornton, before tbe judge of tbe lOtb judicial circuit (Hon. John Henderson), to compel appellant, George P. Plowman, to deliver up to appellee, as bis duly qualified successor, tbe books and papers pertaining to tbe office of probate judge of Talladega county, which it was alleged appellant bad vacated by failing to file bis official bond, properly approved, as required by law.
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This was a summary proceeding commenced by tbe appellee, W. H. Tbornton, before tbe judge of tbe lOtb judicial circuit (Hon. John Henderson), to compel appellant, George P. Plowman, to deliver up to appellee, as bis duly qualified successor, tbe books and papers pertaining to tbe office of probate judge of Talladega county, which it was alleged appellant bad vacated by failing to file bis official bond, properly approved, as required by law. Tbe appellant, on tbe hearing before the circuit judge, moved to quasb tbe complaint, and reserved numerous exceptions which need not be further noticed.…
1Opinion of the CourtBrickell, C. J.
1. This proceeding was commenced by the appellee, claiming to be the successor of the appellant, as judge of probate of Talladega county, under the 6th article, part 1, title 5, chapter 1, of the Revised Code, to compel the delivery of the books, papers, money, and property of the office, which it is alleged the appellant unlawfully withholds. At the present term, in the case of Thompson v. Bolt, we decided that the proceeding could not be supported unless the relator exhibited a primé facie title to the office, free from all reasonable doubt; that a title founded on a commission from the…
2Cases cited1 opinion
- Hartt v. HarveyNew York Supreme Court · 1860
3Cited by15 opinions
- Prowell v. State ex rel. HastySupreme Court of Alabama · 1904
- State Ex Rel. Reardon, Co. v. ScalesSupreme Court of Oklahoma · 1908
- Casey v. BryceSupreme Court of Alabama · 1911
- State Ex Rel. Ulrick v. SanchezNew Mexico Supreme Court · 1926
- Ex parte Birmingham & Atlantic Ry. Co.Supreme Court of Alabama · 1905
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