State Ex Rel. Jones v. Stearns
Supreme Court of Alabama
Appeal from Circuit Court, Conecuh County; A. E. Gamble, Judge. Quo warranto by the State, on the relation of James F. Jones and others, against John S. Stearns. From an adverse judgment on demurrer to the answer, relators appeal.
1Opinion of the CourtMayfield, J.
The proceeding is statutory quo warranto, as authorized by chapter 128, sections 5450-5472, of the Code of 1907. It was instituted in the name of the state, on the relation of the appellant, the county solicitor for Conecuh, to oust appellee, a deputy circuit solicitor for the same county, and to determine the right of the relator to exercise the powers alleged to be usurped by appellee. The trial court overruled a demurrer to the answer of appellee, whereupon relator declined to plead further, and suffered judgment, from which judgment he now appeals. Appellee, the deputy circuit solicitor,…
2Cases cited9 opinions
- Erwin v. United StatesDistrict Court, S.D. Georgia · 1889
- State ex rel. Gaston v. BlackSupreme Court of Alabama · 1917
- State v. ClickSupreme Court of Alabama · 1841
- Ex parte LuskSupreme Court of Alabama · 1886
- Branch Bank of Mobile v. MurphySupreme Court of Alabama · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Ward v. HenrySupreme Court of Alabama · 1931
- Hometrust Life Insurance Company v. United States Fidelity and Guaranty Company and National Surety CorporationCourt of Appeals for the Fifth Circuit · 1962
- Jemison v. Town of Ft. DepositAlabama Court of Appeals · 1926
- National Security Insurance Company v. FreemanSupreme Court of Alabama · 1967
- State ex rel. Gallion v. HammondsSupreme Court of Alabama · 1968
1 more not listed; retrieve them via the Exa API.