Colton v. Price
Supreme Court of Alabama
Appeal from tbe Chancery Court of Wilcox. Heard before tbe Hon. Charles Turner. Tbe bill in this case was filed by C. C. Colton, tbe appellant, against Thomas W. Price and D. F. Richards ; and sought to enjoin said Richards, as county treasurer of Wilcox county, from paying to said Price the salary of the judge of the court of quarter sessions of said county, pending the trial of a contest of the right to said office, under proceedings instituted for that purpose by said…
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Appeal from tbe Chancery Court of Wilcox. Heard before tbe Hon. Charles Turner. Tbe bill in this case was filed by C. C. Colton, tbe appellant, against Thomas W. Price and D. F. Richards ; and sought to enjoin said Richards, as county treasurer of Wilcox county, from paying to said Price the salary of the judge of the court of quarter sessions of said county, pending the trial of a contest of the right to said office, under proceedings instituted for that purpose by said Colton. On the filing of the bill, an injunction was granted as prayed, by Hon. Geo. H. Craig, judge of the criminal court…
1Opinion of the CourtPeters, C. J.
The injunction was properly dissolved on the answer of .Price. Richards, the county treasurer, was merely a stakeholder, and had no personal interest in the matter in litigation, further than to know to whom to pay the salary, which he held for the person who might be found entitled to the office. Price was the defendant with whom the real merits of the case were contested. He claimed the office to which the salary was an incident, and rested his claim on an election by the people, and a commission from the governor. This gave him a primd fade right to the office. Ex parte Screws, at January…
2Cases cited3 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Yonge v. ShepperdSupreme Court of Alabama · 1870
- Dunlap v. ClementsSupreme Court of Alabama · 1845
3Cited by5 opinions
- People Ex Rel. Barrett v. FinneganIllinois Supreme Court · 1941
- Burgess v. DavisIllinois Supreme Court · 1891
- Ryan v. Hennepin CountySupreme Court of Minnesota · 1947
- Spurlock v. LaffertyCourt of Appeals of Kentucky (pre-1976) · 1926
- Ake v. BookhammerCourt of Chancery of Delaware · 1922