Seals v. State ex rel. Matthews
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Quo warranto by the state on the relation of John Matthews against Carl H. Seals to test his right to the office of police commissioner of the city of Birmingham. Prom a judgment of ouster respondent appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Quo warranto by the state on the relation of John Matthews against Carl H. Seals to test his right to the office of police commissioner of the city of Birmingham. Prom a judgment of ouster respondent appeals. Under the Code, section 1231, and the case of Gibson v. Wood, 43 L. R. A. 699, it is insisted that the judgment of the trial court should be reversed and that Seals should be allowed to continue in the exercise of his office. The election annexing Mountain Terrace to Birmingham was declared void. — State ex rel. v.…
1Opinion of the CourtAnderson, J.
The general municipal law, in prescribing the qualifications of police commissioners, section 1231 of the Code of 1907, says: “No person shall be eligible to hold the office of police commissioner except a qualified elector of the state of Alabama, over twenty-five years of age, and a resident of the city at the time of his election and during his term of office.” (Italics ours.) This statute is plain and unambiguous, and requires that he must have been a resident of the city at the time he was elected.
The only point made against the eligibility of the respondent is that he was a resident of…
2Cases cited2 opinions
- State ex rel. Ward v. MartinSupreme Court of Alabama · 1909
- Gibson v. WoodCourt of Appeals of Kentucky · 1899
3Cited by2 opinions
- Smith v. WagnerMichigan Supreme Court · 1926
- Reed v. State Ex Rel. DavisSupreme Court of Alabama · 2006