Bowen v. Holcombe
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Election contest by Joseph G. Bowen against William H. Holcombe, Jr. From a decree for contestee, contestant appeals. The contestant relies on the corrupt practice act. Acts 1915, p. 250 et seq. The circuit court has jurisdiction of the contest.
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Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Election contest by Joseph G. Bowen against William H. Holcombe, Jr. From a decree for contestee, contestant appeals. The contestant relies on the corrupt practice act. Acts 1915, p. 250 et seq. The circuit court has jurisdiction of the contest. Sections 470, 471, as amended by Acts 1911, p. 195; 203 Ala. 546, 84 South. 740. The court was therefore in error in holding the contestant was not entitled to contest. Security for cost is jurisdictional. Section 462, Code 1907; 160 Ala. 265, 49 South. 756; 172 Ala. 205, 55 South. 627;…
1Opinion of the CourtMcCLELLAN, J.
Appellant sought'to contest the election (not nomination) of the appellee to the office of sheriff of Mobile county, in virtue of' amended Code, § 470 (Act approved April 5, 1911, Gen. Acts, p. 195). The contestee’s demurrer to the appellant’s orignal “statement of- grounds of contest” being sustained, the “statement” was amended, and appellee’s demurrers thereto-were sus tained. Contestant declining to plead further, judgment was rendered for contestee, with costs.
[1] Contests of elections are proceedings of purely statutory creation; and the Legislature may prescribe the jurisdiction,…
2Cases cited8 opinions
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Singo v. McGheeSupreme Court of Alabama · 1909
- Hutto v. Walker CountySupreme Court of Alabama · 1913
- Pearson v. AlversonSupreme Court of Alabama · 1909
- Ex parte ShepherdSupreme Court of Alabama · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
- Groom v. TaylorSupreme Court of Alabama · 1937
- Boozer v. BoozerSupreme Court of Alabama · 1944
- Wilson v. MatsonNebraska Supreme Court · 1923
8 more not listed; retrieve them via the Exa API.