Legal Opinion

Falconer v. Robinson

Supreme Court of Alabama

Decided June 15, 1871PublishedCited by 26 opinions

Appeal from Chancery Court of Montgomery. Heard before Hon. Adam O. Felder. The. facts of this case are briefly these : On the 21st day of March, 1871, Patrick Robinson, the appellee, was appointed by the court of county commissioners tax collector of Montgomery county, and duly qualified as such, to fill the vacancy occasioned by the failure of the former tax collector, Falconer, to give an additional bond, &e.

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Appeal from Chancery Court of Montgomery. Heard before Hon. Adam O. Felder. The. facts of this case are briefly these : On the 21st day of March, 1871, Patrick Robinson, the appellee, was appointed by the court of county commissioners tax collector of Montgomery county, and duly qualified as such, to fill the vacancy occasioned by the failure of the former tax collector, Falconer, to give an additional bond, &e. Shortly after this, Robinson made a demand upon Falconer for the books, papers, &c., of the office, but Falconer refused, and the probate judge, to whom Robinson had applied for an…

1Opinion of the Court

PjEGK, O. J.

An act passed by the general assembly of this State, and approved November 25,1868, will be found in the book of Acts of that year, page 351. This act is in *346the words following, to-wit: “An act to authorize the governor to fill vacancies in certain county offices. Sec. 1. Be it enacted by the General Assembly of" Alabama, That the governor be, and he is hereby authorized and empowered, to fill any and all vacancies now existing, or which may hereafter exist, in the offices of county commissioners, treasurers, tax collectors and assessors, justices of the peace, constables,…

2Cases cited3 opinions

  1. Sadler v. LanghamSupreme Court of Alabama · 1859
  2. People Ex Rel. Burrows v. Supervisors of Orange CountyNew York Court of Appeals · 1858
  3. Tuskaloosa Bridge Co. v. OlmsteadSupreme Court of Alabama · 1867

3Cited by26 opinions

  1. American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
  2. Commonwealth v. BrownSupreme Court of Virginia · 1895
  3. City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
  4. Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897
  5. Wallace v. Board of Revenue of Jefferson CountySupreme Court of Alabama · 1903

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