State ex rel. Burnett v. Town Council of Cahaba
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. The record does not show the name of the presiding judge. The proceedings in this case were instituted by the solicitor of the second judicial circuit, in the name of the State of Alabama, on the relation of James T. Burnett, to declare a forfeiture of the charter of the town of Cahaba; 1st, on the ground of non-user; and, 2dly, on account of the passage by the corporate authorities of the town of an alleged illegal ordinance, fixing…
Read the full summary
Appeal from the Circuit Court of Dallas. The record does not show the name of the presiding judge. The proceedings in this case were instituted by the solicitor of the second judicial circuit, in the name of the State of Alabama, on the relation of James T. Burnett, to declare a forfeiture of the charter of the town of Cahaba; 1st, on the ground of non-user; and, 2dly, on account of the passage by the corporate authorities of the town of an alleged illegal ordinance, fixing the price of a license for retailing spirituous liquors at $1,000. The court dismissed tbe information, at tíre costs of…
1Opinion of the CourtStone, J.
In the case of the State v. Moore & Ligón, 19 Ala. 514, this court decided, in a well considered and well sustained opinion, that informations in the nature of quo warranto can properly be filed, ex officio, only by the attorney-general; he being the representative of the State. See, also, Wallace v. Anderson, 5 Wheaton, 291.
It is not our purpose to deny to the legislature the right to authorize persons other than the attorney-general to institute such proceedings. No such special authority is claimed in this case; and it cannot be sustained on any principle of the common law. Let us inquire…
2Cases cited5 opinions
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
- People ex rel. Macey v. HillsdaleNew York Supreme Court · 1807
- Wallace v. AndersonSupreme Court of the United States · 1820
- State v. MooreSupreme Court of Alabama · 1851
- Carroll v. Mayor of TuskaloosaSupreme Court of Alabama · 1847
3Cited by6 opinions
- Stultz v. State ex rel. SteeleIndiana Supreme Court · 1879
- State ex rel. Wah-We-Yea-Cumin v. OlsonSupreme Court of Minnesota · 1909
- State Ex Inf. McAllister Ex Rel. Manion v. Albany Drainage DistrictSupreme Court of Missouri · 1921
- Ex Parte TalleySupreme Court of Alabama · 1939
- Taylor v. State ex rel. HandSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.