Legal Opinion

State v. Ely

Supreme Court of Alabama

Decided June 15, 1869PublishedCited by 15 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. J. D. Cunningham. This was an application by the State, on the relation of William Falconer, to the city court of Montgomery, for a mandamus to compel the judge of probate of Montgomery county to receive and approve the official bond of relator as tax collector of Montgomery county.

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Appeal from the City Court of Montgomery. Tried before the Hon. J. D. Cunningham. This was an application by the State, on the relation of William Falconer, to the city court of Montgomery, for a mandamus to compel the judge of probate of Montgomery county to receive and approve the official bond of relator as tax collector of Montgomery county. The following were the agreed facts: Falconer was elected tax collector for Montgomery county at the general election in February, 1868, received a certificate of election from the president of the convention which assembled at Montgomery on the 5t£…

1Opinion of the CourtB. F. Saffold, J.

William Falconer was elected tax collector of Montgomery county, at the election for State and county officers, held on the 4th, 5th, 6th, 7th, and 8th of February, 1868.

*574The legislature passed an act, August 1st, 1868, giving to tax collectors, elected at that time, sixty days from the date of the act to file their official bonds, and declaring that if, at the end of that time, the bond was not executed and approved, the office should be declared vacated. — Acts of 1868, p. 7. At the expiration of the sixty days, Falconer had not filed his bond. On the 2d of October, 1868, the commissioners…

2Cases cited6 opinions

  1. Sprowl v. LawrenceSupreme Court of Alabama · 1859
  2. Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
  3. Bonner v. State ex rel. PittsSupreme Court of Georgia · 1849
  4. Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
  5. Molett v. KeenanSupreme Court of Alabama · 1853

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3Cited by15 opinions

  1. Rains v. SimpsonTexas Supreme Court · 1878
  2. Ex parte HarrisSupreme Court of Alabama · 1875
  3. Mayer v. AdamsWest Virginia Supreme Court · 1885
  4. State ex rel. Bickford v. CockeTexas Supreme Court · 1881
  5. State ex rel. Harris v. TuckerSupreme Court of Alabama · 1875

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