State ex rel. Tyson v. Houghton
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. A. D. Sayre. The proceedings in this case were instituted by the State of Alabama on the relation of A. P. Tyson and others against the appellees. The purposes of the proceedings and the facts averred in the information are sufficiently set forth in the opinion.
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Appeal from the City Court of Montgomery. Heard before the Hon. A. D. Sayre. The proceedings in this case were instituted by the State of Alabama on the relation of A. P. Tyson and others against the appellees. The purposes of the proceedings and the facts averred in the information are sufficiently set forth in the opinion. To the information and the petition the respondents demurred upon the following grounds: “1st. (a) Said information and petition show that respondents are holding said office under appointment from the Governor of the State of Alabama, and that the term of said office has…
1Opinion of the CourtDowell, J.
This is a proceedig on information in the nature of a quo- warranto- under the statute. The purpose of it is to oust the respondents from the office of commissioners of the Board of Revenue of the County of Montgomery.
The information sets forth the facts, upon which it is averred, that the respondents are guilty of usurpation of a public office, and on this is based the prayer of ouster, or exclusion from office. By the statement of facts it is shown that the respondents were appointed and commissioned by the Governor of the State of Alabama as commissioners of the Board of Revenue of…
2Cases cited5 opinions
- Maxwell v. StateSupreme Court of Alabama · 1889
- Pearce v. Bank of MobileSupreme Court of Alabama · 1859
- Parker v. HubbardSupreme Court of Alabama · 1879
- George v. Skeates & Co.Supreme Court of Alabama · 1851
- Roberts v. PippenSupreme Court of Alabama · 1883
3Cited by13 opinions
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Mayfield v. Court of County Com. Tuscaloosa CountySupreme Court of Alabama · 1906
- Union Central Life Ins. v. State Ex Rel. WhetstoneSupreme Court of Alabama · 1933
- Tucker v. McLendonSupreme Court of Alabama · 1924
- Board of Revenue v. JohnsonSupreme Court of Alabama · 1917
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