Legal Opinion

State ex rel. Gamble v. Hubbard

Supreme Court of Alabama

Decided July 6, 1906PublishedCited by 19 opinions

Quo Warranto to Inquire as to the Right of Hubbard to Hold the Office of Recorder. Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. This was a petition, on the relation of John Gamble, addressed to the judge of the Twelfth judicial circuit, asking for an order* to G. J. Hubbard to show by what right or authority he was holding the office and exercising the rights and powers of recorder in the town of Troy.

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Quo Warranto to Inquire as to the Right of Hubbard to Hold the Office of Recorder. Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. This was a petition, on the relation of John Gamble, addressed to the judge of the Twelfth judicial circuit, asking for an order* to G. J. Hubbard to show by what right or authority he was holding the office and exercising the rights and powers of recorder in the town of Troy. The case made by the petition is that under Acts 1869-70, p. 123, a charter was established for the city of Troy and among other powers granted therein the right to have and…

1Opinion of the CourtTyson, J.

— Under the act “to establish a charter for the city of Troy in Pike county” (Acts 1869-70, p. 123), all the powers and jurisdiction of a justice of the peace in civil and criminal cases, within the corporate limits, were conferred on the mayor; and “exclusive original jurisdiction to hear, adjudge and determine all suits, prosecutions or other proceedings for the violation of the charter, bv-laws or ’ ordinances ’ of the corporation. Jurisdiction ivas also conferred upon him of “all proceedings by motion, scire facias, or other suits on any penal bonds payable to the mayor, taken under the…

2Cases cited15 opinions

  1. Ex parte PollardSupreme Court of Alabama · 1866
  2. State v. RogersSupreme Court of Alabama · 1894
  3. City Council v. BirdsongSupreme Court of Alabama · 1899
  4. Ex parte ThomasSupreme Court of Alabama · 1896
  5. Lockhart v. City of TroySupreme Court of Alabama · 1872

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3Cited by19 opinions

  1. Trailway Oil Company v. City of MobileSupreme Court of Alabama · 1960
  2. Schoening v. United States Aviation Underwriters, Inc.Supreme Court of Minnesota · 1963
  3. Golconda Lead Mines v. NeillIdaho Supreme Court · 1960
  4. United States ex rel. Palmer v. LappCourt of Appeals for the Sixth Circuit · 1917
  5. Gregory v. CockrellSupreme Court of Arkansas · 1929

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