West End v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. A. D. Sayre. This was quo u-arranto proceeding, instituted for the purpose of dissolving a municipal corporation known as West End, which was located near the city of Montgomery. The proceeding was instituted by a petition addressed to the judge of the city court of Montgomery. The petition, as originally filed, was in the name of the “State of Alabama on tlié relation of John O’Leary,” against.
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Appeal from the City Court of Montgomery. Heard before the Hon. A. D. Sayre. This was quo u-arranto proceeding, instituted for the purpose of dissolving a municipal corporation known as West End, which was located near the city of Montgomery. The proceeding was instituted by a petition addressed to the judge of the city court of Montgomery. The petition, as originally filed, was in the name of the “State of Alabama on tlié relation of John O’Leary,” against. West End, an alleged, municipal corporation, W. A. Taylor, R D. Lee, Jerry .Bennett, John Q’Gwynn, Presley Motes, and Ed Harper. It -,…
1Opinion of the CourtSharpe, J.
O’Leary being the relator in this case, his joinder with the State as a plaintiff was necessary (Code, § 3426) ; and the amendment of the information by -the insertion of his name therein as a plaintiff was authorized by the statutes authorizing amendments to pleadings generally. Though the information was at first defective for want of such joinder it was efficient to begin the suit when filed. Security for costs appears to have been then given, and the mere allowance of the amendment did not call for new security. No complaint other than the information was necessary. — Capital City Water…
2Cases cited6 opinions
- Grider v. TallySupreme Court of Alabama · 1884
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
- Capital City Water Co. v. State ex rel. MacdonaldSupreme Court of Alabama · 1894
- State v. Village of BradfordSupreme Court of Vermont · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Ex Rel. Brooks v. GullattSupreme Court of Alabama · 1923
- Michael v. State ex rel. WelchSupreme Court of Alabama · 1909
- Floyd v. State ex rel. BakerSupreme Court of Alabama · 1912
- State Ex Rel. Pickrell v. DowneyArizona Supreme Court · 1967
- State ex rel. Allen v. Town of Phil CampbellSupreme Court of Alabama · 1912
15 more not listed; retrieve them via the Exa API.