Legal Opinion · Dissent

State ex rel. Mullis v. Mathews

Supreme Court of Alabama

Decided January 19, 1953No. 4 Div. 701Published

1DissentSimpson, Justice

STAKELY and GOODWYN, JJ., concur.

This is an impeachment proceeding instituted by an information under the apparent authority of Code 1940, Title 41, §§ 180, 181, 182, by five resident taxpayers of Russell County, individually, and in the name of the State of Alabama on their relation and by their private counsel. The representative of the State- — the attorney general- — takes no part in the case.

The authority to impeach a sheriff is §, 174 of the Constitution of 1901 for the causes set forth in § 173, which must be done by an original proceeding in this court. Section 174 is not…

2Cases cited25 opinions

  1. Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
  2. Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
  3. State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
  4. State Ex Rel. Carmichael v. JonesSupreme Court of Alabama · 1949
  5. State ex rel. Attorney General v. BuckleySupreme Court of Alabama · 1875

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