Legal Opinion

Norvell v. State ex rel. Brotherton

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 5 opinions

Appeal from tlie Circuit Court of Walker. Heard before tlie Hon. A. A. Coleman. This preceding was in the nature of quo warranto} and was instituted by the information of the State of Alabama on the relation of O. B. Brotherton, addressed to the judge of the circuit court of Walker county, in Avhich it was averred that the respondent, Peyton Norvell, urns usurping and unlawfully holding and exercising the office of judge of the Walker county Law and Equity Court.

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Appeal from tlie Circuit Court of Walker. Heard before tlie Hon. A. A. Coleman. This preceding was in the nature of quo warranto} and was instituted by the information of the State of Alabama on the relation of O. B. Brotherton, addressed to the judge of the circuit court of Walker county, in Avhich it was averred that the respondent, Peyton Norvell, urns usurping and unlawfully holding and exercising the office of judge of the Walker county Law and Equity Court. That said court was established by an act of the legislature, approved on the 5th day of December, 1900; and that, shortly after…

1Opinion of the CourtDowdell, J.

This is a proceeding by information under the statute in tlie nature of a quo tcarrmto-. The respondent in the court below demurred to the petition, which demurrer upon consideration by the co-urt was overruled, and, the respondent then failing and refusing to further plead, .the court rendered a judgment of ouster in accordance with the prayer of the petition, and from this judgment the present appeal is taken.

By an act approved December 5th, 1900, (Acts 1900-01, page 107), the Walker County Law and Equity Court was created. Sections eight, nine, and twenty-six of this act were amended by an…

2Cited by5 opinions

  1. McCreless v. Tennessee Valley BankSupreme Court of Alabama · 1922
  2. Larkin v. SimmonsSupreme Court of Alabama · 1908
  3. State Ex Rel. Griswold v. LeaSupreme Court of Alabama · 1923
  4. Leonard v. LyonsSupreme Court of Alabama · 1920
  5. State Ex Rel. Griswold v. LeaSupreme Court of Alabama · 1923

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