State ex rel. Winter v. Sayre
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The facts of the case are sufficiently stated in the opinion. The errors assigned involve two questions: 1. Did section 17 of Article VI of the Constitution govern Winter’s appointment and entitle him to hold for the “unexpired term” of six years, beginning at the end of the session of the Senate, 1892-93? 2. If section 17 of Article VI of the Constitution does not govern Winter’s appointment, and there was a vacancy caused by expiration of Winter’s term, was there any law which authorized the Governor and…
1Opinion of the CourtBrickell, C. J.
This was an information in the nature of a quo warranto, in which the appellant was relator, and the appellee was respondent, to test and determine the rival claims of the respective parties to the office of judge of the City Court of Montgomery. The material facts are undisputed. Thomas M. Arrington, by the nomination of the Governor, and the selection of the Senate, at the regular session of the General Assembly of 1892-93, was appointed the judge of the *21court, for the prescribed term of six years, and until the close of the General Assembly, at Avhich his successor should be appointed and…
2Cases cited16 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- State v. RogersSupreme Court of Alabama · 1894
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- State ex rel. Wilkinson v. LaneSupreme Court of Alabama · 1913
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- Lacey v. StateAlabama Court of Appeals · 1915
- Ex Parte DarnellSupreme Court of Alabama · 1954
- Lovejoy v. City of MontgomerySupreme Court of Alabama · 1913
53 more not listed; retrieve them via the Exa API.