Hill v. State
Supreme Court of Alabama
Writ of error to the Circuit Court of Wilcox County. THIS cause had its origin in the following order, made by the judge of the county court of Wilcox county: “ Order, by the judge of the county court, in vacation, April 11th, 1840. “ Complaint having been made to the judge of the county court, that Jonathan M. Hill, sheriff of Wilcox county, has been absent for the space of four months and upwards; and the court having had the said Jonathan M. Hill called to come into…
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Writ of error to the Circuit Court of Wilcox County. THIS cause had its origin in the following order, made by the judge of the county court of Wilcox county: “ Order, by the judge of the county court, in vacation, April 11th, 1840. “ Complaint having been made to the judge of the county court, that Jonathan M. Hill, sheriff of Wilcox county, has been absent for the space of four months and upwards; and the court having had the said Jonathan M. Hill called to come into court, and he failed to appear when called. The court then proceeded to take testimony to the fact of his absence, and the…
1Opinion of the CourtGoldthwaite, J.
— ‘This cause has been argued, as one of much importance; and it would certainly be such, if the principles were involved which have been so ably discussed'. But we think they do not arise, and a brief examination will serf*561fice to present the views of the court, as to those which are supposed to govern the case as shown on the record.
1. The constitution imposes on the the executive, the duty of filling any vacancy, which may occur in the office of sheriff subsequent to an election by the people. There is no general law directing the manner by which the fact of a vacancy is to be ascertained;…
2Cases cited1 opinion
- Briley v. HodgesSupreme Court of Alabama · 1836
3Cited by14 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Shepherd v. SartainSupreme Court of Alabama · 1913
- Ex parte HarrisSupreme Court of Alabama · 1875
- Thompson v. HoltSupreme Court of Alabama · 1875
- Beebe v. RobinsonSupreme Court of Alabama · 1875
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