Lane v. Kolb
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. Heard before the Hon. F. G. Randolph. This was a statutory proceeding hv petition, instituted by Pled or D. Lane against Reuben F. Ivolb. to compel the delivery of the books, papers, etc., belonging to the office of Commissioner of Agriculture, of which Kolb was in possession as incumbent, and which Lane claimed as his successor in office under appointment by Governor Jones, which was made on the 1st September, 1891. The probate…
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Appeal from the Probate Court of Montgomery. Heard before the Hon. F. G. Randolph. This was a statutory proceeding hv petition, instituted by Pled or D. Lane against Reuben F. Ivolb. to compel the delivery of the books, papers, etc., belonging to the office of Commissioner of Agriculture, of which Kolb was in possession as incumbent, and which Lane claimed as his successor in office under appointment by Governor Jones, which was made on the 1st September, 1891. The probate judge dismissed the petition on the hearing, on the ground that Lane •showed no right to the office; and his judgment to…
1Opinion of the Court
STONE, O. J.
The office of Commissioner of Agriculture is not provided for by t-he Constitution. It is the creature of statute. Before the act of February 18, 1891, the Commissioner was appointed by the Governor, under section 130 of the Code of 1886. Its provisions are, “ The Commissioner of Agriculture is appointed by the. Governor, and holds office for the term of two years, and until h'is successor is appointed and qualified.” Under this statute the Governor, on September 1, 1889, appointed R. F. Kolb to tíhe office. Kolb qualified and entered upon the duties of the office. He was in the…
2Cases cited26 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Knox v. LeeSupreme Court of the United States · 1871
- Smith v. . the PeopleNew York Court of Appeals · 1872
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
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3Cited by15 opinions
- Fox v. McDonaldSupreme Court of Alabama · 1893
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Bozeman v. StateAlabama Court of Appeals · 1913
- Kimbrough v. DickinsonSupreme Court of Alabama · 1949
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