State ex rel. Thomas v. Gunter
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. A. E. Gamble. Quo warranto by the State oí Alabama on the relation of William H. Thomas, to test the right of the respondent Gunter, to hold the office of judge of the Montgomery City Court. From a judgment denying the writ relator appeals. Relator insists that the Act of 1907 is wholly invalid, and that respondent’s claim is, therefore, void.
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Appeal from Montgomery Circuit Court. Heard before Hon. A. E. Gamble. Quo warranto by the State oí Alabama on the relation of William H. Thomas, to test the right of the respondent Gunter, to hold the office of judge of the Montgomery City Court. From a judgment denying the writ relator appeals. Relator insists that the Act of 1907 is wholly invalid, and that respondent’s claim is, therefore, void. He further insists that if the Act is not wholly invalid, then it must he so construed as to permit him to retain his office as judge of said court until the expiration of- the full term which.…
1Opinion of the CourtAnderson, J.
This action was instigated in the name of the state, upon the relation of W. H. Thomas, under chapter 128 of the Code of 1907, for the purpose of removing Gaston Gunter, as judge of the city court of Montgomery; the declaration containing a statement of the right and title of the said Thomas, and praying that Gunter should not only be removed, but that the relator Thomas, be declared the rightful holder of the office and entitled to same, and which is authorized by sections 5462, 5463, of the Code of 1907. Thomas claims the office, under and by virtue of the act of 1879, p. 418, providing for…
2Cases cited17 opinions
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Borman v. StateSupreme Court of Alabama · 1859
- State v. RogersSupreme Court of Alabama · 1894
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Jones v. BlackSupreme Court of Alabama · 1872
12 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Williams v. SchwarzSupreme Court of Alabama · 1916
- State v. FriedkinSupreme Court of Alabama · 1943
- Smith v. PottsSupreme Court of Alabama · 1974
- Hamilton v. Autauga CountySupreme Court of Alabama · 1972
- Reid v. City of BirminghamSupreme Court of Alabama · 1963
37 more not listed; retrieve them via the Exa API.