Montgomery v. Henry
Supreme Court of Alabama
Appeal from St. Clair Probate Court. Heard before Hon. W. S. Foreman. C. C. Montgomery, candidate for tax collector of St. Clair County files this contest against William E. Henry, who- was declared duly elected tax collector of St. Clair county.
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Appeal from St. Clair Probate Court. Heard before Hon. W. S. Foreman. C. C. Montgomery, candidate for tax collector of St. Clair County files this contest against William E. Henry, who- was declared duly elected tax collector of St. Clair county. There was judgment for contestee, and contestant appeals. insisted that the purpose, and intention of the election law of 1903 was to prevent fraud in election, and that one of the requirements in that direction was the numbering of the ballot; and that this requirement-of the statute was mandatory and rendered ballots unnumbered void and liable to…
1Opinion of the CourtDenson, J.
At the general election held in November, 1904, C. C. Montgomery and William E. Henry were opposing candidates for the office of tax collector in St. Clair county. When the return from the various precincts in the county were canvassed by the board of *631supervisors, it was ascertained that Montgomery had received 963 votes and Henry 976 votes, and Henry was declared duly elected to said office.
Montgomery then instituted a contest against Henry before the judge of the probate court in said county. The cause was tried by the judge on an agreed statement of facts, judgment was rendered in favor of…
2Cases cited21 opinions
- State Ex Rel. Barry v. ConnorTexas Supreme Court · 1893
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- Jones v. State ex rel. AtherbySupreme Court of Kansas · 1863
- State Ex Rel. DeBerry v. NicholsonSupreme Court of North Carolina · 1889
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Case v. Superior CourtWashington Supreme Court · 1914
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Findley v. SorensonArizona Supreme Court · 1929
- Turner v. CooperSupreme Court of Alabama · 1977
- Board of Education of Escambia County v. WattsAlabama Court of Appeals · 1922
8 more not listed; retrieve them via the Exa API.