Taylor v. Kolb
Supreme Court of Alabama
Appeal from the Circuit Court of Madison county. Tried before the Hon. Henry C. Speake. Petition by Reuben F. Kolb for a writ of mandamus to Thomas J. Taylor and others. The writ was granted, and respondents appeal.
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Appeal from the Circuit Court of Madison county. Tried before the Hon. Henry C. Speake. Petition by Reuben F. Kolb for a writ of mandamus to Thomas J. Taylor and others. The writ was granted, and respondents appeal. Before the writ of mandamus can issue, it must appear to the satisfaction of the Court, ■ that the legal remedy clearly exists, and that the petitioner has no other remedy at law. 49 Ala. p. 471. The duties prescribed by section 352 of the Code are partly ministerial and partly judicial. The appointment of the inspectors is a ministerial duty, but that portion of the statute which…
1Opinion of the CourtColeman, J.
Reuben F. Kolb filed the present petition for a writ of mandamus, the purpose of which is to have vacated and annulled the appointment of certain parties as inspectors of an election made by the judge of probate, sheriff and clerk of Madison county, and to command them to appoint others in their stead. The petition is filed under section 352 of the Code of 1886 which provides that these officers or any two of them “must at least thirty days before the holding of any election in their county appoint three inspectors for each place of voting, two of whom shall be members of opposing political…
2Cases cited7 opinions
- Grider v. TallySupreme Court of Alabama · 1884
- Ex parte HarrisSupreme Court of Alabama · 1875
- Ex parte ThompsonSupreme Court of Alabama · 1875
- Ex parte EcholsSupreme Court of Alabama · 1866
- Ex parte DuBoseSupreme Court of Alabama · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Medical Soc. of Mobile County v. WalkerSupreme Court of Alabama · 1944
- Barnes v. State Ex Rel. FergusonSupreme Court of Alabama · 1963
- Blythe v. EnslenSupreme Court of Alabama · 1929
9 more not listed; retrieve them via the Exa API.