Armstrong v. O'Neal
Supreme Court of Alabama
' Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Petition by B. W. Armstrong and others, for mandamus to compel the governor to order an election in Geneva county on the question of the removal of the county seat. There was judgment of dismissal rendered upon an order sustaining demurrers to the petition, and petitioner appeals.
Read the full summary
' Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Petition by B. W. Armstrong and others, for mandamus to compel the governor to order an election in Geneva county on the question of the removal of the county seat. There was judgment of dismissal rendered upon an order sustaining demurrers to the petition, and petitioner appeals. The authority for this proceeding is found in the provisions of section 175, Code 1907. The Constitution itself authorizes an election • every four years. — Sec. 41, Constitution 1901. Notwithstanding the exceptions, section 175 is a general…
1Opinion of the CourtSayre, J.
Appellant, alleging that he, along with others constituting a majority of the qualified electors of Geneva county, had filed their petition in writing with Governor O’Neal, praying that an election be held in that county for the purpose of determining whether the county seat should be removed from the town of Geneva to the town of Hartford, and that the governor had denied the petition, went into the circuit court of Montgomery, asking that a writ of mandamus be awarded to compel the governor to order an election for the purpose indicated. The circuit court sustained a demurrer to the…
2Cases cited5 opinions
- Dunbar v. FrazerSupreme Court of Alabama · 1885
- State ex rel. Brown v. PorterSupreme Court of Alabama · 1905
- Minchener v. CarrollSupreme Court of Alabama · 1902
- Ramagnano v. CrookSupreme Court of Alabama · 1887
- Taylor v. KolbSupreme Court of Alabama · 1892
3Cited by11 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Dennis v. PratherSupreme Court of Alabama · 1925
- Persons v. SummersSupreme Court of Alabama · 1963
- Cloe v. State Ex Rel. HaleSupreme Court of Alabama · 1923
- Lewis v. JenkinsSupreme Court of Alabama · 1927
6 more not listed; retrieve them via the Exa API.