State ex rel. Almon v. Fowler
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. J. J. Ray. Quo warranto by the state of Alabama, on the relation of D. O. Almon, Solicitor, against James S. Fowler, Clerk of the Circuit Court. Judgment quashing the proceedings, and relator appeals. The case made by the petition is: That Fowler was elected to the office of clerk of the circuit court of Morgan county at the November election, 1904, and qualified as such.
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Appeal from Morgan Circuit Court. Heard before Hon. J. J. Ray. Quo warranto by the state of Alabama, on the relation of D. O. Almon, Solicitor, against James S. Fowler, Clerk of the Circuit Court. Judgment quashing the proceedings, and relator appeals. The case made by the petition is: That Fowler was elected to the office of clerk of the circuit court of Morgan county at the November election, 1904, and qualified as such. That on the 21st day of August, 1908, he resigned; his resignation being as follows: “Decatur, Ala., Aug. 21, 1908. Hon. D. W. Speake, Judge, etc., Decatur, Ala.: I hereby…
1Opinion of the CourtAnderson, J.
An unconditional resignation of a public office, to take effect immediately, cannot he withdrawn, even with the consent of the power authorized to accept it, and it does not seem to he material that the resignation had not been accepted. — State v. Fitts, 49 Ala. 402; 23 Am. & Eng. Ency. Law, 424. A contingent or a prospective resignation, however, can be withdrawn at any time before it is accepted. — 29 Cyc. 1404. There are some authorities, however, holding that a resignation of a public office does not take effect until an acceptance, among which will be found the leading case of State v.…
2Cases cited4 opinions
- State ex rel. Williams v. FittsSupreme Court of Alabama · 1873
- State ex rel. Toepke v. ClaytonSupreme Court of Kansas · 1882
- Murray v. State ex rel. LuallenTennessee Supreme Court · 1905
- State ex rel. Bergshicher v. GraceTennessee Supreme Court · 1904
3Cited by15 opinions
- Patten v. MillerSupreme Court of Georgia · 1940
- City of Dothan v. LucasCourt of Civil Appeals of Alabama · 1971
- STATE Ex STALEY v. LAKEWOOD (City) EtOhio Court of Appeals · 1934
- Poland v. GloverDistrict Court, W.D. New York · 1953
- Ex Parte RheaSupreme Court of Alabama · 1982
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