Legal Opinion

Baker v. Conway

Supreme Court of Alabama

Decided March 25, 1926No. 5 Div. 925PublishedCited by 5 opinions

1Opinion of the CourtSomeryillf, J.

Section 2697 of the Code provides that—

“Any office in this state is vacated * * *• (3) By [the incumbent’s] ceasing to be a resident of the state, or of the division, district, circuit, or county, for which he was elected or appointed.”

The words “reside,” “residence,” and “resident,” as used in constitutions and statutes, have been often defined and construed by the courts. 7 Words and Phrases, First Series pp. 6147-6166. Their meaning has been variously shaded according to the variant conditions of their application. For some purposes, a merely constructive residence, resting chiefly upon…

2Cases cited19 opinions

  1. Moulton v. ReidSupreme Court of Alabama · 1875
  2. Merrill's Heirs v. MorrissettSupreme Court of Alabama · 1884
  3. Thompson v. HoltSupreme Court of Alabama · 1875
  4. Allgood v. WilliamsSupreme Court of Alabama · 1890
  5. State ex rel. Burt v. AllenWest Virginia Supreme Court · 1900

14 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Johnson v. CommissionerUnited States Tax Court · 1946
  2. Cosby v. MooreSupreme Court of Alabama · 1953
  3. State Ex Rel. SULLIVAN v. MooreArizona Supreme Court · 1937
  4. Incorporation of Caritas Village v. FuhrmeisterSupreme Court of Alabama · 2014
  5. Johnson v. CommissionerUnited States Tax Court · 1946

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