Green v. Adams
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Tried before Hon. J. A. Bilbro. Appellees applied for mandamus to require appellants, the Mayor and Councilmen of Port Payne, to open the returns of a municipal election, duly certified by the inspectors of election, declare the result, and issue certificates of election to relators whose election was sliown by the returns.
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Appeal from DeKalb Circuit Court. Tried before Hon. J. A. Bilbro. Appellees applied for mandamus to require appellants, the Mayor and Councilmen of Port Payne, to open the returns of a municipal election, duly certified by the inspectors of election, declare the result, and issue certificates of election to relators whose election was sliown by the returns. The respondents answered setting up that certain voters, illegally registered, had voted in the election, as shown by the returns, and that under the charter they were invested with the judicial duty of ascertaining who had received a…
1Opinion of the CourtMcCLELLAN, J.
The charter of Fort Payne contains the following provisions as to municipal election returns and the declaration of the results of such elections : . “The * inspectors, immediately after the polls are closed, shall proceed to count the ballots and compare them with the poll lists. * * * * As soon as they shall have finished the count and ascertained the number of votes received for each person, and for what office, they must certify the result of the election to the Mayor and Councilmen of said city. They must also inclose the ballots cast, with the poll list, and the official copy of the…
2Cases cited1 opinion
- Hudmon v. SlaughterSupreme Court of Alabama · 1881
3Cited by4 opinions
- Ex Parte State Ex Rel. KnightSupreme Court of Alabama · 1934
- City of Talladega v. Jackson- Tinney Lumber Co.Supreme Court of Alabama · 1923
- Reed v. State Ex Rel. DavisSupreme Court of Alabama · 1937
- Town Council of Guntersville v. HenrySupreme Court of Alabama · 1931