Wilson v. Pike County
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before the Hon. W. L. Parks. The bill in this cause was filed by the appellant, J. B. Wilson, and sought to enjoin the county of Pike from selling certain county bonds, authorized by a special election held under the act (Acts 1903, p. 90). No special statement of facts averred is necessary. •
1Opinion of the CourtAnderson, J.
The sole point in support of the contention that the bill contains equity is that the election held for the bond issue was not in accordance with the law on the subject, in that the notice given by the probate judge did not comply with section 2 of the act of 1903, page 90, because it failed to state the place for holding the election.
*398The authorities seem to hold that where the law prescribes the place of an election,' the people take notice of it as they do of any other law, and if a special notice is to be given by any officer, the provision is deemed directory merely. — County of Colbert…
2Cases cited5 opinions
- State ex rel. Leal v. JonesIndiana Supreme Court · 1862
- People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
- Berry v. McColloughCourt of Appeals of Kentucky · 1893
- City of Lafayette v. StateIndiana Supreme Court · 1879
- Court of County Commissioners v. ThurmondSupreme Court of Alabama · 1896
3Cited by4 opinions
- Shanks v. WinklerSupreme Court of Alabama · 1923
- Browder v. GunterSupreme Court of Alabama · 1930
- State ex rel. Whitmore v. Carbon CountyUtah Supreme Court · 1909
- State v. Board of County CommissionersWyoming Supreme Court · 1921