Fox v. McDonald
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon. II. A. Sharpe. T3ie proceedings in this case were instituted by a petition filed by the appellee, T. C. McDonald, in the city court of Birmingham, in which he prayed for a writ of mandamus to be issued to the appellant, David J. Fox, as mayor of the city of Birmingham, commanding him to administer to the petitioner the oath of office as chief of police for that city.
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Appeal from the City Court of Birmingham. Heard before the Hon. II. A. Sharpe. T3ie proceedings in this case were instituted by a petition filed by the appellee, T. C. McDonald, in the city court of Birmingham, in which he prayed for a writ of mandamus to be issued to the appellant, David J. Fox, as mayor of the city of Birmingham, commanding him to administer to the petitioner the oath of office as chief of police for that city. The act approved December 32, 1890, establishing a new charter for the city of Birmingham, provided in its 18th section that the board of mayor and aldermen should…
1Opinion of the CourtHead, J.
On December 12, 1892, the General Assembly passed “An act to establish a Board of Commissioners of Police for the City of Birmingham, Alabama’;” which act provides for the appointment, by the probate judge in and for Jefferson county, of a board of commissioners of police for said city, consisting of five persons, and- defines its powers and duties , among which are to appoint a chief of police and such other police officers and policemen as is or may be prescribed by city ordinance, and to exercise full direction and control of the officers and members of the police force in conformity to…
2Cases cited10 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- People ex rel. Attorney General v. ProvinesCalifornia Supreme Court · 1868
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3Cited by70 opinions
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- Ball v. JonesSupreme Court of Alabama · 1961
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- In re the Appointment of a Revisor of the StatutesWisconsin Supreme Court · 1910
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