Scott v. Strobach
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This was a contest between Charles H. Scott and Paul Strobach, as to the right to the office of sheriff of said county. At the general election held in November, 1871, Strobach received the largest number of votes, as shown by the official returns filed in the office of the secretary of state, and he received the governor’s commission.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This was a contest between Charles H. Scott and Paul Strobach, as to the right to the office of sheriff of said county. At the general election held in November, 1871, Strobach received the largest number of votes, as shown by the official returns filed in the office of the secretary of state, and he received the governor’s commission. Within fifteen days after the election, Scott, who received the next highest number of votes, filed in the office of the probate judge of the county a notice of contest on his…
1Opinion of the CourtBrickell, J.
— This case presents grave and important questions, which we have patiently and carefully considered. The first of these is, was the appellee, being at the time of his election a member of the General Assembly, eligible to the ■ office of sheriff. His ineligibility is averred to arise, not from any express constitutional interdiction, but from a fair and just interpretation and construction of the third article of the Constitution. This article is entitled, “ Distribution of Powers of Government,” and declares : “ The powers of the government of the State of Alabama shall be divided into…
2Cases cited6 opinions
- Spratt v. SprattSupreme Court of the United States · 1830
- Mason v. MessengerSupreme Court of Iowa · 1864
- President of Baltimore v. BooneCourt of Appeals of Maryland · 1876
- Barney v. LittleSupreme Court of Iowa · 1864
- State v. HuttSupreme Court of Arkansas · 1840
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3Cited by15 opinions
- Mitchell v. KinneySupreme Court of Alabama · 1942
- Shepherd v. SartainSupreme Court of Alabama · 1913
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- State Ex Rel. Richardson v. MorrowSupreme Court of Alabama · 1964
- State Ex Rel. Bland v. St. JohnSupreme Court of Alabama · 1943
10 more not listed; retrieve them via the Exa API.