State ex rel. Allen v. Town of Phil Campbell
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Quo Warranto by the State on the relation of M. L. Allen and others, against the town of Phil Campbell, and the official board thereof. Judgment for respondent and relators appeal.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Quo Warranto by the State on the relation of M. L. Allen and others, against the town of Phil Campbell, and the official board thereof. Judgment for respondent and relators appeal. A general denial is not a sufficient answer to the writ here, but it should affirmatively appear from the answer that the proceedings were in all things regular. — Sec. 1053, Code 1907; West End v. State, 138 Ala. 295. The state has a right to inquire by what authority the city holds, and the burden is on the city to show that it holds regularly and…
1Opinion of the CourtDowdell, C. J.
This is a quo warranto proceeding instituted for the purpose of dissolving a municipal corporation known as Phil Campbell, and from a judgment of the circuit court of Franklin county, dismissing the petition and quashing the writ, the relator has appealed.
The petition for the writ rests upon two grounds: First, that the petition for the incorporation was not signed by 25 qualified electors residing within the limits of the proposed municipality; second, that the petition did not- “have attached an accurate map or plat of the territory proposed to be embraced in the corporate limits, but that…
2Cases cited11 opinions
- People Ex Rel. Skelton v. City of Los AngelesCalifornia Supreme Court · 1901
- People Ex Rel. Russell v. Town of LoyaltonCalifornia Supreme Court · 1905
- Ex parte HarrisSupreme Court of Alabama · 1875
- State v. FlemingSupreme Court of Missouri · 1900
- Brannan v. HenrySupreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cooper v. Town of Valley HeadSupreme Court of Alabama · 1924
- Alabama Power Co. v. Cullman County Electric Membership Corp.Supreme Court of Alabama · 1937
- Rushton v. McKee & Co.Supreme Court of Alabama · 1917
- Town of Tallassee v. State Ex Rel. BrunsonSupreme Court of Alabama · 1921
- Foshee v. KaySupreme Court of Alabama · 1916
6 more not listed; retrieve them via the Exa API.