State Ex Rel. Potts v. Ct., Com'rs., Lauderdale Cty.
Supreme Court of Alabama
Appeal from Circuit Oourt, Lauderdale County; Chas. P. Almon, Judge. Petition by the State of Alabama, on the relation of G. F. Potts, for mandamus directed to the Court of County Commissioners of Lauderdale County. Prom a judgment sustaining demurrer to and dismissing the petition,, the petitioner appeals.
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Appeal from Circuit Oourt, Lauderdale County; Chas. P. Almon, Judge. Petition by the State of Alabama, on the relation of G. F. Potts, for mandamus directed to the Court of County Commissioners of Lauderdale County. Prom a judgment sustaining demurrer to and dismissing the petition,, the petitioner appeals. The election petitioned for in this case is governed by section 5882, and it was necessary that the petition ’.be' by a majority of the freeholders residing in the district. The petition should show a compliance with section 5896 of Code. Almon v. Court of County Revenue, 179 Ala. 662, 60…
1Opinion of the CourtMiller, J.
This is a petition filed in the circuit court of Lauderdale county praying for a writ of mandamus. The petitioner, G. P. Potts, avers he is a bona fide resident citizen and freeholder in Waterloo precinct. No. 17 in that county, and seeks an order of the court .requiring the court of county commissioners to grant the original petition filed by him and others, and to order an election in that precinct to determine whether or not stock shall be permitted to run at large in that part of the precinct which is outside of. any incorporated city or town therein.
The county commissioners demurred to…
2Cases cited2 opinions
- Caudle v. Commissioners CourtSupreme Court of Alabama · 1905
- Almon v. Court of County RevenueSupreme Court of Alabama · 1913
3Cited by3 opinions
- Town of Flat Creek v. Alabama By-Products Corp.Supreme Court of Alabama · 1944
- Town of Sanford v. HartleySupreme Court of Alabama · 1952
- Yates v. Walker County CommissionSupreme Court of Alabama · 1935