Johnson v. State ex rel. Davis
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard 'before Hon. A. A. Coleman. Information in the nature of quo warranto under section 3420 'of the Code, filed by A.' H. Davis in the name of the State against John Johnson to oust him from the office of policeman of the city of Birmingham. The information showed that he was not a resident of the city, and set out the ordinance and acts referred to in the opinion.
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Appeal from Jefferson Circuit Court. Heard 'before Hon. A. A. Coleman. Information in the nature of quo warranto under section 3420 'of the Code, filed by A.' H. Davis in the name of the State against John Johnson to oust him from the office of policeman of the city of Birmingham. The information showed that he was not a resident of the city, and set out the ordinance and acts referred to in the opinion. Demurrers to the information were overruled, and, defendant declining to plead 'further, the circuit court granted the relief prayed. Defendant appeals. cited 17 Ency. PI. & Pr., 386, 400,…
1Opinion of the CourtSharpe, J.
— Prior to December 12, 1892, the appointment, regulation and control of policemen in the city of Birmingham, was by the chartering acts of that city vested in the board of mayor and aldermen of Birmingham. While that system prevailed, that body, •under general powers, conferred by the charter adopted an ordinance which declared “all city officers now or hereafter provided for must be residents and qualified *45electors of tlie city.” On the date referred ito the general assembly enacted a law to establish for Birmingham a “board of commissioners of police” with power as expressed in the statute…
2Cases cited1 opinion
- People ex rel. Wider v. CantyIllinois Supreme Court · 1870
3Cited by3 opinions
- Thompson v. StateMississippi Supreme Court · 1907
- City & County of Denver v. Industrial CommissionColorado Court of Appeals · 1983
- State ex rel. Barnes v. ShoresUtah Supreme Court · 1916