Wade v. Oates
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. M. E. Milligan, Special Judge. This was a proceeding instituted by the appellees against the appellants, to contest the election of Mayor and Aldermen of the town of Headland, Alabama. The complaint was as follows : “The plaintiffs, Wyatt S. Oates, W. J. Williams and Joel B. Grant, complain of the defendants, William H. Wade, B. PI.
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Appeal from the Circuit Court of Henry. Tried before the Hon. M. E. Milligan, Special Judge. This was a proceeding instituted by the appellees against the appellants, to contest the election of Mayor and Aldermen of the town of Headland, Alabama. The complaint was as follows : “The plaintiffs, Wyatt S. Oates, W. J. Williams and Joel B. Grant, complain of the defendants, William H. Wade, B. PI. King and E. C. Grice, that said defendants did heretofore, to-wit, on January 10th, 1895, unlawfully usurp, hold, and now unlawfully hold the office of mayor, and two members of the board of aldermen of…
1Opinion of the CourtHead, J.
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This is a contest of an election of Mayor and Aldermen of the town of Headland, Ala.
The first ground of contest specified in the complaint was insufficient. It should have stated, as provided by sub-division 3 of section 3 of the ‘ ‘Act to provide for and regulate contests of elections to offices, State and county, herein named, ” (Acts, 1892-93, 468), that the alleged illegal votes given to contestees, if taken from them, would reduce the number of their legal votes to or below the number of legal votes given to contestants. It was not enough to say the contestants would have received a…
2Cited by6 opinions
- Klutts v. JonesNew Mexico Supreme Court · 1915
- Watters v. LyonsSupreme Court of Alabama · 1914
- Brunson v. DobbsSupreme Court of Alabama · 1919
- Wise v. Texas Co.Supreme Court of North Carolina · 1914
- Wise v. . Texas Co.Supreme Court of North Carolina · 1914
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