State ex rel. Knox v. Dillard
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. A.. B. Foster. Quo warranto by the State of Alabama -on the relation of W. M. Knox and others, against Moses Dillard and others. From a judgment for respondent relators appeal.-
1Opinion
ON REHEARING.
MCCLELLAN, J.
(l-B) The rule in proceedings of this character (quo warranto), where the respondent admits that he is holding and exercising the powers and duties of the office, devolves upon him the burden of showing by what, authority he holds the office, and that he is in the rightful exercise of its duties and powers. The state has the undoubted right to require of every one who claims to hold and does hold a public office under its statutory or constitutional provisions to show a lawful authority for the exercise of its powers and privileges, and this rule is not changed by…
2Cases cited13 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- City Council v. BirdsongSupreme Court of Alabama · 1899
- Fitzpatrick v. StateSupreme Court of Alabama · 1910
- Beauvoir Club v. StateSupreme Court of Alabama · 1907
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