State Ex Rel. Garrett v. Torbert
Supreme Court of Alabama
Appeal from Circuit Court, Hale Coufity; B. M. Miller, Judge. Quo warranto proceeding by State of Alabama, on the relation of Cad Garrett and others, against W. E. Torbert. From the judgment, relators appeal.
1Opinion of the CourtMayfield, J.
This is a statutory quo warranto proceeding, to determine whether or not there is a county court for Hale county, by virtue of the general act of the Legislature approved September 25, 1915 (Acts 1915, p. 862 et seq.), and whether or not, if there be such a court, the probate judge of that county is ex officio judge and clerk thereof.
While there is no specific prayer to determine the first question, yet the last two cannot be decided without determining the first.
[1] We apprehend that there can be no doubt that statutory quo warranto is the proper proceeding to judicially determine these…
2Cases cited6 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- State v. RogersSupreme Court of Alabama · 1894
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
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3Cited by17 opinions
- State Ex Rel. Ward v. HenrySupreme Court of Alabama · 1931
- Miller v. State Ex Rel. PeekSupreme Court of Alabama · 1947
- State Ex Rel. Hughes v. ClevelandNew Mexico Supreme Court · 1943
- State v. BurchfieldSupreme Court of Alabama · 1928
- State Ex Rel. Harmon v. MurphySupreme Court of Alabama · 1924
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