Legal Opinion

Shepherd v. Sartain

Supreme Court of Alabama

Decided June 30, 1913PublishedCited by 45 opinions

Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. The proper authorities haying declared James W. Shepherd elected judge of probate of Walker county, and haying denied Charles M. Sartain the right to said office, he files contest of said election. From a judgment for contestant contestee appeals.

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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. The proper authorities haying declared James W. Shepherd elected judge of probate of Walker county, and haying denied Charles M. Sartain the right to said office, he files contest of said election. From a judgment for contestant contestee appeals. See in this connection 172 Ala. 205, 55 South. 627; 173 Ala. 474, 55 South. 919. It is not denied that contestant continued to hold the office of postmaster for ten or eleven months after his alleged election as probate judge, and hence, it appears that the court was in error in…

1Opinion of the CourtSomerville, J.

The appellant has shown sufficient diligence in perfecting and prosecuting his appeal, and, in the exercise of our discretion in the enforcement of the rules of practice prescribed for such cases, the appellee’s motions to dismiss the appeal and also to affirm the judgment for lack of diligence in those respects will be overruled. The appellee, Sartain, prosecuted a statutory contest of the edection of the appellant, Shepherd, to the office of probate judge of Walker county, at the general election in November, 1910, claiming that he was himself elected to- that office by a majority vote of…

2Cases cited16 opinions

  1. State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
  2. Black v. PateSupreme Court of Alabama · 1900
  3. Finklea v. FarishSupreme Court of Alabama · 1909
  4. Privett v. BickfordSupreme Court of Kansas · 1881
  5. State ex rel. Perine v. Van BeekSupreme Court of Iowa · 1893

11 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Waltman v. RowellSupreme Court of Alabama · 2005
  2. Eubanks v. HaleSupreme Court of Alabama · 1999
  3. Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
  4. Mitchell v. KinneySupreme Court of Alabama · 1942
  5. Dean v. PaolicelliSupreme Court of Virginia · 1952

40 more not listed; retrieve them via the Exa API.

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