Nelson v. State ex rel. Blackwell
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. A. H. Alston. Impeachment proceedings by the state on the relation of Blackwell as solicitor against James S._ Nelson and others as jury commissioners of Morgan county. From a judgment impeaching the jury commissioners they appeal. The proceeding is quasi criminal, and the statutes and constitutional provisions governing the same must be strictly construed.
Read the full summary
Appeal from Morgan Law and Equity Court. Heard before Hon. A. H. Alston. Impeachment proceedings by the state on the relation of Blackwell as solicitor against James S._ Nelson and others as jury commissioners of Morgan county. From a judgment impeaching the jury commissioners they appeal. The proceeding is quasi criminal, and the statutes and constitutional provisions governing the same must be strictly construed. The word “willful” as here used, means done Avith a bad motive. — 3 L. R. A. (N. S.) 456; 96 U. S. 727; McManus v. State, 36 Ala. 285; 40 Cyc. 944; 29 A. & E. Enc. of Law, 114. It,…
1Opinion of the CourtSayre, J.
This is the case of an information for the impeachment of two members of the jury commission of Morgan county. The information contains four charges proceeding under the authority of sections 173 and 175 of the Constitution, which, when read together, authorize the impeachment of jury commissioners “for willful neglect of duty, * * * or any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith.”
Count 1, so to speak of the first charge stated in the information proceedings, for willful neglect of duty, in that defendants, after having…
2Cases cited6 opinions
- State ex rel. Attorney General v. BuckleySupreme Court of Alabama · 1875
- State ex rel. Attorney-General v. SavageSupreme Court of Alabama · 1889
- State ex rel. Attorney-General v. RobinsonSupreme Court of Alabama · 1895
- Johnson v. StateSupreme Court of Alabama · 1878
- Jury Commission Morgan County v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Rector v. StateAlabama Court of Appeals · 1914
- State ex rel. Attorney General v. HastySupreme Court of Alabama · 1913
- Lewis v. State Ex Rel. EvansSupreme Court of Alabama · 1980
- Parker v. StateSupreme Court of Alabama · 1976
5 more not listed; retrieve them via the Exa API.