State v. Adams
Supreme Court of Alabama
This was ail information in the nature of a quo warranto, filed in the Circuit Court of Marengo county, at the May term, 1829, on the relation of John E. Anderson.
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This was ail information in the nature of a quo warranto, filed in the Circuit Court of Marengo county, at the May term, 1829, on the relation of John E. Anderson. The information alleged, that James H. Adams for the space of nine months and more, had used and still used without authority, the office of sheriff of Marengo county, which office and the privileges and immunities thereof he usurped &c; wherefore he was required to answer to the State by what warrant he claimed to use and exercise said office, &c. The defendant appeared and filed his answer, alleging, “that at the general election…
1Opinion of the Court
By JUDGE TAYLOR.
It is insisted for the relator.1st, that he was legally elected, and is entitled to the office; 2d, but if he was not, that there was no vacancy in the office which authorized an executive appointment; and therefore, the defendant is not authorized to discharge the duties of the office. 3. But if the Court should not come to either of these conclusions, that the judgment must he reversed and -remanded, because the Court below erred in rejecting the evidence offered by the relator, and receiving that to which he objected. I will reverse the order in ■which these points were…
2Cited by9 opinions
- Opinion of the JusticesSupreme Court of Alabama · 1993
- State Ex Rel. Austin v. BlackSupreme Court of Alabama · 1932
- White v. Commissioners of Multnomah CountyOregon Supreme Court · 1886
- Douge v. PearceSupreme Court of Alabama · 1848
- People ex rel. Remington v. RectorNew York Supreme Court · 1866
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