Ex parte Shepherd
Supreme Court of Alabama
Mcmdamus. Original petition in the Supreme Court. Mandamus by J. W. Shepherd directed to the judge of the Fourteenth judicial circuit, requiring him to dismiss a petition filed in an election contest. The petition does not comply as to statement of ground with section 415, Code 1907, and hence, was insufficient, and should be stricken.
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Mcmdamus. Original petition in the Supreme Court. Mandamus by J. W. Shepherd directed to the judge of the Fourteenth judicial circuit, requiring him to dismiss a petition filed in an election contest. The petition does not comply as to statement of ground with section 415, Code 1907, and hence, was insufficient, and should be stricken. It should have alleged the unlawful alteration or change by the officer and the unlawful action by the board of supervisors in adopting the altered returns. — Hilliard v. Brown, 97 Ala. 92; Tatum, v. The State, 66 Ala. 467; State v. Hayworth, 35 Tenn. 64;…
1Opinion of the CourtSayee, J.
This is an original petition in this court for a writ of mandamus to the judge of the Fourteenth circuit. Petitioner shows that at the general election -held November 8, 1910, he was duly elected judge of the probate court- of Walker county; that Charles M. Sartain, an opposing candidate at- that election, had filed what purported to he a contest in the circuit court; that petitioner had moved the court to dismiss the contest. because it was insufficient to invoke the jurisdiction of the court; and that his motion had been overruled. Petitioner prays an alternative writ of mandamus or rule…
2Cases cited8 opinions
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Pearson v. AlversonSupreme Court of Alabama · 1909
- Taliaferro v. LeeSupreme Court of Alabama · 1892
- Ex parte MorganSupreme Court of Alabama · 1857
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bowen v. HolcombeSupreme Court of Alabama · 1919
- Watters v. LyonsSupreme Court of Alabama · 1914
- Lowery v. PetreeSupreme Court of Alabama · 1912
- Reed v. City of MontgomerySupreme Court of Alabama · 1979
- Dobbins v. City of AnnistonSupreme Court of Alabama · 1985
8 more not listed; retrieve them via the Exa API.