State ex rel. Harris v. Elliott
Supreme Court of Alabama
Appeal from tfie Circuit Court of Etowah. Heard before the Hon. J. A. Bilbro. This is a proceeding by information in the nature of a quo ivarranto, instituted by the State of Alabama on the relation of Pink M. Harris, to oust the appellee, James M. Elliott, Jr., from the office of mayor of the city of Gadsden.
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Appeal from tfie Circuit Court of Etowah. Heard before the Hon. J. A. Bilbro. This is a proceeding by information in the nature of a quo ivarranto, instituted by the State of Alabama on the relation of Pink M. Harris, to oust the appellee, James M. Elliott, Jr., from the office of mayor of the city of Gadsden. At a municipal election held in Gadsden on the. first Tuesday in March, 1897, it being the second day of the month, the appellee was elected mayor of said city, and was in due time inducted into said office, and is now in possession of the same, exercising the authority, performing the…
1Opinion of the CourtHead, J.
By the charter of the City of Gadsden (Acts, 1882-83, p. 281) a mayor is required to be elected by the people. It is provided that no person shall hold the office of mayor of the city who has not resided therein one year preceding the election. Sec. 14. A prescribed certificate* of election is required to be givén the mayor-elect which, by the terms of the act, entitles him to possession of his office immediately upon the expiration of the term of his predecessor, as fixed by law; subject, however, to the contestation of his right as, at *153the time of the adoption of the charter was, or…
2Cases cited7 opinions
- Attorney-General ex rel. Bashford v. BarstowWisconsin Supreme Court · 1856
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- Miller v. WilsonOhio Supreme Court · 1846
- State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
- Parks v. State ex rel. OwensSupreme Court of Alabama · 1892
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3Cited by4 opinions
- State Ex Rel. Watkins v. FernandezSupreme Court of Florida · 1932
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
- Reed v. State Ex Rel. DavisSupreme Court of Alabama · 1937
- Mizell v. State ex rel. GreshamSupreme Court of Alabama · 1911