Ham v. State ex rel. Buck
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by the state, on the relation of A. V. Buck, against J. N. Ham, to try the title to the office of mayor of Elba, and to oust respondent from the office and declare relator entitled thereto. From a judgment for relator, respondent appeals.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by the state, on the relation of A. V. Buck, against J. N. Ham, to try the title to the office of mayor of Elba, and to oust respondent from the office and declare relator entitled thereto. From a judgment for relator, respondent appeals. Paragraph 4 of the answer of respondent is as follows : “Respondent admits that under and by virtue of the provisions of the charter of the town of Elba an election was held in said town on the first Monday in June, to wit, June 3, 1907, for the purpose of electing a mayor and five…
1Opinion of the CourtDenson, J.
This action is brought in the name of the state, on the information of A. V. Buck, against J. N. Ham, to try the title of the respondent to the office of mayor of Elba, to oust him from the office, and to declare the relator entitled to the same. Section 3420, Civ. Code 1896, provides that such action may be brought “when any person usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any office in a corporation created by authority of this state.” Section 3 of the information, or complaint alleges that the respondent. usurps, unlaw7*652fully holds,…
2Cases cited26 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Ex parte PollardSupreme Court of Alabama · 1866
- Miller v. StateSupreme Court of Alabama · 1894
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Powell v. StateSupreme Court of Alabama · 1881
21 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bagby Elevator and Electric Company, Inc. v. McBrideSupreme Court of Alabama · 1974
- Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
- Mitchell v. KinneySupreme Court of Alabama · 1942
- May v. HeadSupreme Court of Alabama · 1923
- Woco Pep Co. of Montgomery v. ButlerSupreme Court of Alabama · 1932
23 more not listed; retrieve them via the Exa API.