Lane v. Kolb
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. Heard before the Hon. F. G. Randolph. This was a statutory proceeding hv petition, instituted by Pled or D. Lane against Reuben F. Ivolb. to compel the delivery of the books, papers, etc., belonging to the office of Commissioner of Agriculture, of which Kolb was in possession as incumbent, and which Lane claimed as his successor in office under appointment by Governor Jones, which was made on the 1st September, 1891. The probate…
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Appeal from the Probate Court of Montgomery. Heard before the Hon. F. G. Randolph. This was a statutory proceeding hv petition, instituted by Pled or D. Lane against Reuben F. Ivolb. to compel the delivery of the books, papers, etc., belonging to the office of Commissioner of Agriculture, of which Kolb was in possession as incumbent, and which Lane claimed as his successor in office under appointment by Governor Jones, which was made on the 1st September, 1891. The probate judge dismissed the petition on the hearing, on the ground that Lane •showed no right to the office; and his judgment to…
1Dissent
Dissenting opinion of
Justices McClellan and Coleman::
The facts and status of the case are sufficiently stated in the opinion of the court rendered by the Chief Justice.
Section 130 of the Code reads as follows :
“ Appointment of Commissioner and term, of offiee. — The-Commissioner of Agriculture is appointed by the Co ver nor,, and holds office for the term of two years, and until his successor is appointed and qualified.”
The act of February 18, 1891, is as follows : “An act to» *656make the office of Commissioner of Agriculture elective.” ■“Section 1. Be it enacted by the General Assembly of…
2Cases cited22 opinions
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- Rice v. RuddimanMichigan Supreme Court · 1862
- Maxwell v. StateSupreme Court of Alabama · 1889
- Neenan v. SmithSupreme Court of Missouri · 1872
- Lehman v. RobinsonSupreme Court of Alabama · 1877
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