Legal Opinion

Echols v. State ex rel. Dunbar

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 13 opinions

Appeal from the Circuit Court of Lee. Tried before the Hon. L. B. Strange. The petition by which this proceeding was commenced was in the name of the State, on the relation of Francis M. Dunbar; was verified by the oath of the relator; was addressed to the judge of the Circuit Court, and dated the 18th January, 1872. It alleged that, at an “election for mayor and aldermen of the city of Opelika, held pursuant to the provisions of the charter, on the 2d day of January, 1872,…

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Appeal from the Circuit Court of Lee. Tried before the Hon. L. B. Strange. The petition by which this proceeding was commenced was in the name of the State, on the relation of Francis M. Dunbar; was verified by the oath of the relator; was addressed to the judge of the Circuit Court, and dated the 18th January, 1872. It alleged that, at an “election for mayor and aldermen of the city of Opelika, held pursuant to the provisions of the charter, on the 2d day of January, 1872, the relator received a majority of the legal votes cast for the office of mayor, and was duly and legally elected mayor…

1Opinion of the CourtStone, J.

Many of the questions attempted to bo raised by tbis record, are such as can not be reviewed in tbis court. Motions for imparlance, continuance, and judgments on de*133murrer not shown in the judgment entry, are of this class' Many other questions, preliminary to the main points presented, will not probably arise again.

Section 3 of the act “ to establish a new charter for the city of Opelika,” approved March 3d, 1870 — Pamph. Acts, 323 — contains the following clauses: “ The government of said city shall be styled ‘The City Council of Opelika,’ and shall consist of a chief officer, to be styled…

2Cases cited8 opinions

  1. Miller v. WilsonOhio Supreme Court · 1846
  2. Hadley v. . MayorNew York Court of Appeals · 1865
  3. Gass v. State ex rel. ClarkIndiana Supreme Court · 1870
  4. Beebe v. RobinsonSupreme Court of Alabama · 1875
  5. Wammack v. HollowaySupreme Court of Alabama · 1841

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

3Cited by13 opinions

  1. Black v. PateSupreme Court of Alabama · 1900
  2. Leigh v. State ex rel. O'BannonSupreme Court of Alabama · 1881
  3. Pope v. HowleSupreme Court of Alabama · 1933
  4. Roe v. Mobile County Appointment Bd.Supreme Court of Alabama · 1995
  5. Hudmon v. SlaughterSupreme Court of Alabama · 1881

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

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