Touart v. State ex rel. Callaghan
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Quo warranto by the State on the relation of D. J.. ■Callaghan, against Stephen Touart, to oust him from 4he office of Tax Commissioner of Mobile county. Judgment for relator, and respondent appeals. Section 2288, Code 1907, is violative of section 175, Constitution 1901. — Nolan v. State ex rel.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Quo warranto by the State on the relation of D. J.. ■Callaghan, against Stephen Touart, to oust him from 4he office of Tax Commissioner of Mobile county. Judgment for relator, and respondent appeals. Section 2288, Code 1907, is violative of section 175, Constitution 1901. — Nolan v. State ex rel. Moore, 118 Ala. 154; Hawkins v. Roberts, 122 Ala. 130. If said section of the Code is constitutional, the governor must accord appellant a hearing before removing him. —29 Cyc. 1409, and authorities cited in paragraph D. The term…
1Opinion of the CourtMayfield, J.
This is a quo warranto proceeding, or one in the nature thereof, under chapter 128 of the Code of 1907. It is instituted to determine the right to exercise the duties and receive the emoluments of the office of county tax commissioner for Mobile county. Tbe proceeding was instituted in tbe name of tbe state, on the relation of D. J. Callaghan, who claims to be entitled to exercise tbe duties and discharge tbe functions, and to receive tbe emoluments of said office; and was brought against Stephen Touart, appellant here, who was at that time, and bad been, for a number of years, discharging…
2Cases cited17 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Dullam v. WillsonMichigan Supreme Court · 1884
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
- Cameron, Superintendent v. ParkerSupreme Court of Oklahoma · 1894
- State ex rel. Little v. FosterSupreme Court of Alabama · 1900
12 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Williams v. SchwarzSupreme Court of Alabama · 1916
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Almon v. Morgan CountySupreme Court of Alabama · 1944
- Ex Parte DarnellSupreme Court of Alabama · 1954
37 more not listed; retrieve them via the Exa API.