State ex rel. Vandiver v. Burke
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speak®. Information by the State on the relation of W. T. Vandiver in the nature of quo warranto directed against E. I. Burke as judge of the county court. From judgment sustaining demurrer to the information relator appeals. The pivotal point in this case is of course the status of the county court of Cullman county, for if it is a court of record, then section 154, Constitution 1901, applies.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speak®. Information by the State on the relation of W. T. Vandiver in the nature of quo warranto directed against E. I. Burke as judge of the county court. From judgment sustaining demurrer to the information relator appeals. The pivotal point in this case is of course the status of the county court of Cullman county, for if it is a court of record, then section 154, Constitution 1901, applies. The county court is a court of record. — Ex parte State v. Merlett, 71 Ala. 371; Ex parte Roimdtree, 51 Ala. 42; Larkin v. Simmons, 155 Ala.…
1Opinion of the Court
MAYFIELD; J.
This is a statutory information, in the nature of quo warranto, brought in the name of the state, on the relation of W. T. Yan diver, against R. I. Burke, to inquire into the right and title by which the latter holds or exercises the office and functions of judge of tlie county court of Cullman. The proceeding is expressly authorized by chapter 128, § 5453 et seq., of the Code of 1907.
*564The material allegation, together with the prayer of the information, is as follows: “That R. I. Burke, who is not ‘learned in the law’ as required by section 154 of the Constitution of Alabama, is…
2Cases cited10 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- Edwards v. WilliamsonSupreme Court of Alabama · 1881
- Nugent v. StateSupreme Court of Alabama · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re Opinions of the JusticesSupreme Court of Alabama · 1923
- Jefferson County v. BusbySupreme Court of Alabama · 1933
- Tayloe v. DavisSupreme Court of Alabama · 1924
- Ex Parte DarnellSupreme Court of Alabama · 1954
- Gamble v. GambleCourt of Civil Appeals of Alabama · 1974
35 more not listed; retrieve them via the Exa API.