Phillips v. Bynum
Supreme Court of Alabama
Appeal from Blount Probate Court. Heard before John F. Kelton. This was a petition addressed to the probate judge of Blount county seeking to contest an election held on the 2d day of January, 1905, in a portion of election precinct No. 37, commonly called “Dailey’s Beat,” to determine whether or not stock should be allowed to run at large in said portion of Dailey’s beat.
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Appeal from Blount Probate Court. Heard before John F. Kelton. This was a petition addressed to the probate judge of Blount county seeking to contest an election held on the 2d day of January, 1905, in a portion of election precinct No. 37, commonly called “Dailey’s Beat,” to determine whether or not stock should be allowed to run at large in said portion of Dailey’s beat. The contest was regularly set for hearing, and parties interested on the other side of the question were given notice of the contest. On the day set for hearing John Phillips appeared, limiting his appearance for the…
1Opinion of the CourtSimpson, J.
The first point to decide, in order to reach a solution of the problems in the case, is, what law applies? On- February 28, 1901, a local act was passed establishing a stock law in Blount county. — Loc. Acts 1900-1, p. 1800. That act provided for an election by the qualified voters of the entire county to ascertain whether they desired a stock law. That act provided, also, that in any precinct in that county, wherein a majority of the voters cast their votes for the stock law, a stock law shall be established, if within six months a lawful fence shall be 'erected around said precinct. It also…
2Cited by4 opinions
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