Nolen v. State ex rel. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. J. M. Carmichael. This was a statutory quo loarranto proceeding, instituted by the State of Alabama on the relation of Samuel L. Moore, against the appellant, J. M. Nolen.
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Appeal from the Circuit Court of Coosa. Tried before the Hon. J. M. Carmichael. This was a statutory quo loarranto proceeding, instituted by the State of Alabama on the relation of Samuel L. Moore, against the appellant, J. M. Nolen. The information or complaint filed by the relator averred the following facts: Samuel L. Moore ivas, at the general State election in August, 1896, duly and legally elected tax assessor for Coosa county, for a term of four years, and on August 14, 1896, duly qualified and entered upon the duties of said office. On July 30, 1897, Joseph F. Johnston, as Governor of…
1Opinion of the CourtMcCLELLAN, J.
A tax assessor can be removed from office only in the mode prescribed by the organic law, that is, by impeachment under section 3, Article VII of the Constitution.
That provision of the act of February 28, 1887 (Acts, 1886-87, p. 1), which undertakes to authorize the Governor to “suspend” tax assessors, and to appoint tax *159commissioners to perform the duties of assessors so “suspended,” and providing that such suspension of an assessor shall continue indefinitely, or, more accurately speaking, perpetually, “unless the General Assembly by joint resolution restore him to his office,” is violative…
2Cited by28 opinions
- Williams v. SchwarzSupreme Court of Alabama · 1916
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Touart v. State ex rel. CallaghanSupreme Court of Alabama · 1911
- Petree v. McMurraySupreme Court of Alabama · 1923
- Springer v. State Ex Rel. WilliamsSupreme Court of Alabama · 1934
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