State ex rel. Higdon v. Jelks
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Hoard before the Hon. A. D. Sayre. The appeal in this case is prosecuted from a judgment of the city court of Montgomery sustaining demurrers interposed to a petition filed in the name of the State of Alabama on the relation of Elijah L. Higdon against Wm. I). Jelks as Governor, etc., and quashing the rule nisi and dismissing the petition. The facts of the case are sufficiently stated in the opinion.
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Appeal from tlie City Court of Montgomery. Hoard before the Hon. A. D. Sayre. The appeal in this case is prosecuted from a judgment of the city court of Montgomery sustaining demurrers interposed to a petition filed in the name of the State of Alabama on the relation of Elijah L. Higdon against Wm. I). Jelks as Governor, etc., and quashing the rule nisi and dismissing the petition. The facts of the case are sufficiently stated in the opinion. The Governor, as such and as commander in chief, has no power or authority, under the Constitution and laws of Alabama, to either remove or suspend an…
1Opinion of the Court
HARALSON, J.-
This is an application for a writ of man-damns in behalf of the relator, E. L. Higdon, who-is appellant, against W. D. Jelks, as Governor, to require Ihe latter to reinstate the relator to the office of Colonel of the 3rd Regiment of the Alabama National Guard.
The facts disclosed show, that the relator was duly elected Colonel of said regiment, on the 20th March, 3901, and on the 8th of April, following, was duly commissioned as such colonel by the then Governor of the State1, W. J. Sam ford.
On January 29th, 1902, bv special order of the Governor, No. 8, all field and staff…
2Cases cited10 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Grider v. TallySupreme Court of Alabama · 1884
- People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
- Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
- Hawkins v. GovernorSupreme Court of Arkansas · 1839
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- Continental Bank & Trust Co. v. BrandonCourt of Appeals for the Fifth Circuit · 1962
- People ex rel. Gillett v. DeLamaterAppellate Division of the Supreme Court of the State of New York · 1936
- Continental Bank & Trust Company v. John BrandonCourt of Appeals for the Fifth Circuit · 1962
- Morgan County Commission v. PowellSupreme Court of Alabama · 1974
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