Nelson v. State ex rel. Blackwell
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. A. H. Alston. Impeachment proceedings by the state on the relation of Blackwell as solicitor against James S._ Nelson and others as jury commissioners of Morgan county. From a judgment impeaching the jury commissioners they appeal. The proceeding is quasi criminal, and the statutes and constitutional provisions governing the same must be strictly construed.
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Appeal from Morgan Law and Equity Court. Heard before Hon. A. H. Alston. Impeachment proceedings by the state on the relation of Blackwell as solicitor against James S._ Nelson and others as jury commissioners of Morgan county. From a judgment impeaching the jury commissioners they appeal. The proceeding is quasi criminal, and the statutes and constitutional provisions governing the same must be strictly construed. The word “willful” as here used, means done Avith a bad motive. — 3 L. R. A. (N. S.) 456; 96 U. S. 727; McManus v. State, 36 Ala. 285; 40 Cyc. 944; 29 A. & E. Enc. of Law, 114. It,…
1DissentMcCLELLAN, J.
(dissenting.) — I ani unable to agree with the majority in their interpretation of willful neglect of duty, and therefore dissent without reference to other questions decided on this appeal. On the trial of the impeachment charges against the sheriff of Hale county (styled State of Alabama, ex rel. Attorney General v. William Martin, 180 Ala. 458, 61 South. 491), it was necessary to interpret willful neglect of dtoty as employed in section -173 of our Constitution. After as thorough an investigation and consideration of this inquiry as I could bestow, my conclusion was that willful neglect of…
2Cases cited4 opinions
- Wight v. RindshopfWisconsin Supreme Court · 1877
- State ex rel. Atty. Gen. v. MartinSupreme Court of Alabama · 1913
- State ex rel. Attorney General v. LathamSupreme Court of Alabama · 1910
- Chicago City Ry. Co. v. OlisAppellate Court of Illinois · 1901