Lovejoy v. Beeson
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. James A. Bilbro. The facts of this case are stated in the opinion. cited, on the power in the legislature to ratify the election, Cooley on Con. Lim. 6 ed. 457 ; 52 Ala. 79; 21 Fed. Fed. Rep. 99; 87 Fed. Rep. 630; 44 la. 639; 87 Ind. 17; Myer on Vested Rights 138; 1 Hill 324; 6 la. 305; 87-Fed. Rep. 630. contended, that the act of the legislature ratifying the election is unconstitutional.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. James A. Bilbro. The facts of this case are stated in the opinion. cited, on the power in the legislature to ratify the election, Cooley on Con. Lim. 6 ed. 457 ; 52 Ala. 79; 21 Fed. Fed. Rep. 99; 87 Fed. Rep. 630; 44 la. 639; 87 Ind. 17; Myer on Vested Rights 138; 1 Hill 324; 6 la. 305; 87-Fed. Rep. 630. contended, that the act of the legislature ratifying the election is unconstitutional. The constitution requires the legislature to establish a probate court for each county; and that judges of probate shall be elected by the…
1Opinion of the CourtDowdell, J.
— The appeal in this case is taken from the circuit court of Etowah county on a statutory contest of election of probate judge. The ground of contest being, that the election held in Gadsden precinct in said county was invalid for the reason that it was held in a place other than the court house as required by law. This is the sole ground, and there is no pretense that there was any fraud or unfairness in the holding of said election, or that any voter was prevented from voting, or failed to vote, by reason of the failure to hold the election in the court house. Since the institution of this…
2Cases cited4 opinions
- Ex parte LambertSupreme Court of Alabama · 1875
- McMillen v. BoylesSupreme Court of Iowa · 1858
- Gardner v. HaneyIndiana Supreme Court · 1882
- Huff v. CookSupreme Court of Iowa · 1876
3Cited by13 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- State Ex Rel. Austin v. BlackSupreme Court of Alabama · 1932
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- McCall v. Automatic Voting MacH. CorporationSupreme Court of Alabama · 1938
- Courtner v. EtheredgeSupreme Court of Alabama · 1907
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