State ex rel. Blish v. Thomas
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Proceedings by tbe state on the relation of M. B. Blisb against C. W. Thomas and others, in the nature of quo warranto to inquire into respondent’s right to hold office. There was judgment sustaining demurrer to the petition, and relator appeals. The petition is filed under section 5453, Code 1907, and authorizes the action here attempted.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Proceedings by tbe state on the relation of M. B. Blisb against C. W. Thomas and others, in the nature of quo warranto to inquire into respondent’s right to hold office. There was judgment sustaining demurrer to the petition, and relator appeals. The petition is filed under section 5453, Code 1907, and authorizes the action here attempted. In the first place the demurrers should all have been overruled because addressed to the whole petition and not to the paragraphs alleging ground, since a demurrer bad as to a part of the…
1Opinion of the CourtMayfield, J.
-This is a proceeding in the nature of quo warranto. It was instituted under section 5453 of the Code, to oust or remove appellees, on the ground that they were unlawfully holding and usurping the offices of mayor and aldermen of the town of Citronelle.
The only matter alleged in the petition as a fact to support the conclusion that appellees were usurpers of the offices which they were filling was that a clerk and an inspector, who officiated as such in the election at which appellees were declared to be so elected to snch offices, were not qualified electors, and were therefore *667incompetent…
2Cases cited3 opinions
- Parks v. State ex rel. OwensSupreme Court of Alabama · 1892
- Montgomery v. HenrySupreme Court of Alabama · 1905
- Mizell v. State ex rel. GreshamSupreme Court of Alabama · 1911
3Cited by1 opinion
- Walker v. JuniorSupreme Court of Alabama · 1945