Draper v. State ex rel. Patillo
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Quo warranto by the State, on the relation of Pierce Patillo, against James L. Draper, to determine the right to the office of City Commissioner of Hartselle, Ala. There was a decree for relator, and defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Quo warranto by the State, on the relation of Pierce Patillo, against James L. Draper, to determine the right to the office of City Commissioner of Hartselle, Ala. There was a decree for relator, and defendant appeals. It is made to appear from the application: That petitioner was an applicant for the office of commissioner of Hartselle, and that on the 23d day of August, 1.911, the Governor of the state caused to be addressed to relator a letter or printed communication advising him of his appointment as commissioner…
1Opinion of the CourtAnjderson, J.
While there appears to be some conflict in the authorities as to what constitutes an appointment to office, the definition of “what constitutes *551appointment,” and to which we adhere, is: Where the power of appointment is absolute, and the appointee has been determined upon, no further consent or approval is necessary, and the formal evidence of the appointment, the commission, may issue at once. Where, however, the assent or confirmation of some other officer or body is required, the commission can issue or the appointment be complete only when such assent or confirmation is obtained. — People…
2Cases cited11 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Stocking v. StateIndiana Supreme Court · 1855
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Wilkinson v. LaneSupreme Court of Alabama · 1913
- City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
- McChesney v. Sampson, GovernorCourt of Appeals of Kentucky (pre-1976) · 1930
- Ankrom v. StateSupreme Court of Alabama · 2013
- Osborn v. HenrySupreme Court of Alabama · 1917
7 more not listed; retrieve them via the Exa API.