State ex rel. Ward v. Martin
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Quo warranto by the state of Alabama on the relation of George B. Ward and others, against H. L. Martin, to determine the right of respondent to hold office as an alderman in an alleged ward of the city of Birmingham. Prom a judgment sustaining demurrer to the information, relator appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Quo warranto by the state of Alabama on the relation of George B. Ward and others, against H. L. Martin, to determine the right of respondent to hold office as an alderman in an alleged ward of the city of Birmingham. Prom a judgment sustaining demurrer to the information, relator appeals. No elections of any kind, could be held in the territory if the construction contended for as to section 1073 of the Code of 1907, should be adopted. Counsel discuss the various statutory provisions in reference to holding the election…
1Opinion of the CourtMcCLELLAN, J.
Quo warranto to determine the right of the appellee to hold, office as alderman from, the Tenth ward of the city of Birmingham. The existence of such office depends upon whether a territory, called in the record “Mountain Terrace,” previously connecting the city of Birmingham with the territorial limits of the municipality of Avondale, became, by an election to expand the corporate limits of the city of Birmingham so as to embrace the Mountain Terrace territory, a part of the city of Birmingham. If not, then the contiguity of the territory comprising the municipality of Avondale and that of…
2Cases cited1 opinion
- Reed v. StateSupreme Court of Alabama · 1902
3Cited by6 opinions
- Mayberry v. StateCourt of Criminal Appeals of Alabama · 1982
- Bell v. Mar-Mil Steel and Supply Co.Court of Civil Appeals of Alabama · 1975
- Bryce Hospital Credit Union, Inc. v. Warrior Dodge, Inc.Court of Civil Appeals of Alabama · 1973
- State v. Community Blood and Plasma Service, Inc.Court of Civil Appeals of Alabama · 1972
- Seals v. State ex rel. MatthewsSupreme Court of Alabama · 1910
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