Hooper v. State Ex Rel. Fox
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Quo warranto proceeding by the State, on the relation of W. L. Fox, against A. B. Hooper, Jr. From a decree holding him ineligible to hold the office of jury commissioner, he appeals. The case is not on all fours with that of Johnson v. Craft, 205 Ala. 386, 87 South. 375, but in this case the Legislature did appoint a day for the election.
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Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Quo warranto proceeding by the State, on the relation of W. L. Fox, against A. B. Hooper, Jr. From a decree holding him ineligible to hold the office of jury commissioner, he appeals. The case is not on all fours with that of Johnson v. Craft, 205 Ala. 386, 87 South. 375, but in this case the Legislature did appoint a day for the election. Section 2S4, Const. 1901, and sections 2 and 3 of the act opposing the amendment. The same word, used more than once in the same section, is used each time with the same meaning. 89 Ala.…
1Opinion of the Court
By direction of the court, the opinion was prepared by McCLELLAN, J. The state, on the relation of Fox, brings this proceeding in quo warranto to determine Hooper's (appellant's) eligibility for appointment by the Governor to hold and serve in the office of jury commissioner for Marshall county (Acts 1909, p. 305 et seq.). The court below overruled demurrer to the petition and awarded relief, deciding that Hooper was ineligible for the office mentioned.
Section 2 of the act approved August 31, 1909 (Acts, p. 306) provides that —
"Every person appointed to the office of jury commissioner shall…
2Cases cited5 opinions
- Collier v. FriersonSupreme Court of Alabama · 1854
- Johnson v. CraftSupreme Court of Alabama · 1921
- McCreary v. SpeerCourt of Appeals of Kentucky · 1914
- Graves v. EubankSupreme Court of Alabama · 1921
- Cornelius v. PruetSupreme Court of Alabama · 1920
3Cited by10 opinions
- Graham v. JonesSupreme Court of Louisiana · 1941
- Alidor v. Mobile County CommissionSupreme Court of Alabama · 1973
- Browne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925
- In Re Opinion of the JusticesSupreme Court of Alabama · 1949
- Opinion of the JusticesSupreme Court of Alabama · 1948
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