Legal Opinion

State ex rel. Tubbs v. White

Supreme Court of Alabama

Decided February 18, 1909PublishedCited by 11 opinions

Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Quo warranto proceedings in the name of the state on the relation of W. R. Tubbs, and others against R. A. White and others to oust them as members of the school board in a certain school district. Judgment for respondents and relators appeal.

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Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Quo warranto proceedings in the name of the state on the relation of W. R. Tubbs, and others against R. A. White and others to oust them as members of the school board in a certain school district. Judgment for respondents and relators appeal. Counsel discusses the various statutory provisions relative to public schools and the management thereof, together with the municipal code act appertaining thereto and insist that the special laws creating separate districts were repealed by the general laws on the subject. Counsel refer to…

1Opinion of the CourtDowdell, C. J.

This is a proceeding in the nature of quo warranto, brought by the relators against the respondents, to oust them from the office of school trustees which they are alleged to be unlawfully usurping. The case was fried in the court below on an agreed statement of facts, and thereupon judgment was rendered in favor of the respondents, appellees here. From this judgment the relators (appellants) prosecute the present appeal.

The claim of the appellees to the office-from which they are sought to be ousted is based upon a special act of the legislature, approved February 3,1897 (Loc. Acts 1896-97,…

2Cases cited2 opinions

  1. City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895
  2. Iverson v. StateSupreme Court of Alabama · 1875

3Cited by11 opinions

  1. Reid v. City of BirminghamSupreme Court of Alabama · 1963
  2. Alford v. ClaborneSupreme Court of Alabama · 1934
  3. Davis v. BrowderSupreme Court of Alabama · 1935
  4. Herbert v. Board of EducationSupreme Court of Alabama · 1916
  5. Bates v. State Ex Rel. ConniffSupreme Court of Alabama · 1941

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