Frost v. State ex rel. Clements
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hou. D. W. Speaks. Quo Avarronto by tbe state on tbe relation of M. K. Clements against C. E. Frost, seeking to have said Frost ousted from holding tbe office of mayor of tbe town of Athens, on tbe ground that be is usurping said office. From a judgment for relator, respondent appeals.
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Appeal from Limestone Circuit Court. Heard before Hou. D. W. Speaks. Quo Avarronto by tbe state on tbe relation of M. K. Clements against C. E. Frost, seeking to have said Frost ousted from holding tbe office of mayor of tbe town of Athens, on tbe ground that be is usurping said office. From a judgment for relator, respondent appeals. No person is eligible to tbe office of Mayor of tbe town of Athens avIio is not a male and a qualified voted under tbe laws of this State at tbe time of bis election or appointment. — Acts of Ala. 1900-01, page 103’6, Sec. 4. No person Avbo has not paid all poll…
1Opinion of the CourtDenson, J.
— This is an information in the nature of a quo warranto, filed by the state of Alabama, on the relation of M. K. Clements, against C. E. Frost; and by it the relator seeks to have the respondent ousted from holding the office of mayor of the town of Athens, on the ground that he is a usurper of the office. The respondent in his answer justified on the ground that he was duly elected to said office at an election held in said town on the 1st day of April, 1907, for the purpose of electing a mayor and councilmen, and that he received the certificate of his election from the proper official and…
2Cases cited4 opinions
- Ross v. MorrowTexas Supreme Court · 1892
- Linhart v. StateCourt of Criminal Appeals of Texas · 1894
- Jackson v. State ex rel. TillmanSupreme Court of Alabama · 1904
- Francis v. PeeveySupreme Court of Alabama · 1902
3Cited by25 opinions
- Mitchell v. KinneySupreme Court of Alabama · 1942
- Shepherd v. SartainSupreme Court of Alabama · 1913
- Finklea v. FarishSupreme Court of Alabama · 1909
- Morgan v. Board of Sup'rsArizona Supreme Court · 1948
- Miller v. State Ex Rel. PeekSupreme Court of Alabama · 1947
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