State ex rel. Leslie v. Bracken
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Information by the state, on the relation of George Leslie and others, against Y: L. Bracldn and others, to test title to a public office. Judgment for respondents, and relators appeal. The act approved August 9, 1907 (Loc. Acts 1907, p. 860), referred to in the opinion, is entitled “An act to establish a board of revenue for Houston county.”
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Information by the state, on the relation of George Leslie and others, against Y: L. Bracldn and others, to test title to a public office. Judgment for respondents, and relators appeal. The act approved August 9, 1907 (Loc. Acts 1907, p. 860), referred to in the opinion, is entitled “An act to establish a board of revenue for Houston county.” The defendants have filled and each admit that they claim the office of member of the board of revenue under and by virtue of Local- Act 3, Aug. 9 1907, hence, quo warranto is the proper…
1Opinion of the CourtSimpson, J.
The information in this case was filed by the appellants, alleging that appellees are wrongfully holding and exercising the office of members of the board of revenue of Houston county, and praying that *153they be excluded from the office which they are severally usurping as members of the said hoard of revenue of Houston county. The respondents answered, setting up the act of the Legislature approved August 9, 1907 (Loc. Acts 1907, p. 860). The relators demurred to the answer, claiming that the act is unconstitutional and inoperative, on various grounds, which demurrer was overruled. The court…
2Cases cited10 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Ex parte PollardSupreme Court of Alabama · 1866
- State v. RogersSupreme Court of Alabama · 1894
- State v. . PartlowSupreme Court of North Carolina · 1884
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
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3Cited by15 opinions
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- Henry v. McCormack Bros. Motor Car Co.Supreme Court of Alabama · 1936
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