State ex rel. Williams v. Fitts
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. B. B. Lewis, an attorney of the court, in consequence of the incompetency of the presiding judge.
1Opinion of the CourtB. F. Saffold, J.
— The suit is in the nature of quo warranto, to try whether the right to the office of solicitor of Tuscaloosa County is in the relator or the appellee. The relator, Williams, was the solicitor; but some time between the 6th and 12th of May, 1869, he wrote an unconditional resignation, and gave it to Mr. Miller, the secretary of State, for transmission to the proper authority entitled to receive it. It came to the executive department, whence it was sent by mail, at the instance of the governor, to the judge of the circuit which includes Tuscaloosa County. The judge was absent from his home…
2Cases cited2 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- People v. PorterCalifornia Supreme Court · 1856
3Cited by19 opinions
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- State ex rel. McGuyer v. HuffIndiana Supreme Court · 1909
- State ex rel. Almon v. FowlerSupreme Court of Alabama · 1908
- State ex rel. Toepke v. ClaytonSupreme Court of Kansas · 1882
- State ex rel. Bergshicher v. GraceTennessee Supreme Court · 1904
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