Wammack v. Holloway
Supreme Court of Alabama
MotioN for a writ of error, from this Court to the judge of the second judicial circuit, to review his decision in the matter of a contested election, with respect to the office of the sheriff of Dallas county. cited the'act of the 3d February, 1840, and insisted that the powers conferred by it on the judge 'of the Circuit Court, were judicial, and consequently any decision under it must be subject to revision by this Court. relied on the case of Hill v. The State, [1 Ala.
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MotioN for a writ of error, from this Court to the judge of the second judicial circuit, to review his decision in the matter of a contested election, with respect to the office of the sheriff of Dallas county. cited the'act of the 3d February, 1840, and insisted that the powers conferred by it on the judge 'of the Circuit Court, were judicial, and consequently any decision under it must be subject to revision by this Court. relied on the case of Hill v. The State, [1 Ala. Rep. 559] and agreed that the act of 1840, was not distinguishable in principle from the one then construed.
1Opinion of the CourtGoldthwaite, J.
1. The motion which has been submitted on behalf of Mr Wammack, requires an examination of a recent statute directing the manner in which certain elections may be contested.
The three first sections point out the mode, by which notice shall be given, and direct how evidence shall be taken; but as these are unimportant in the consideration which wo shall give the statute, they will not be recited. The fourth section directs, “ that it shall be the duty of the judge of the Circuit Court, after the coming in of the testimony so taken as aforesaid, to hear and determine whether the said election…
2Cited by20 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Ex Parte TowlesTexas Supreme Court · 1877
- Malone v. WilliamsTennessee Supreme Court · 1907
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- State ex rel. Henson v. SheppardSupreme Court of Missouri · 1905
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