State ex rel. Hill v. Burnett
Supreme Court of Alabama
Writ of Error to the Circuit Court of Wilcox County. Motion for leave to file an information in the nature of a quo ivarranto, against Burnett for usurping the office of Sheriff of Wilcox County.
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Writ of Error to the Circuit Court of Wilcox County. Motion for leave to file an information in the nature of a quo ivarranto, against Burnett for usurping the office of Sheriff of Wilcox County. Notice was given to the defendant by the relator, that this motion would be made at the Fall Term, 1840. In support of it the affidavit of the relator was produced, which stales his election as Sheriff of said County, by the people thereof, at the general election in August, 1838; that he was commissioned hy the Governor, on the 13th of the same month, whereby he was entitled to hold the office for…
1Opinion of the CourtGoldthwaite, J.
1. In the case of Ethridge v. Hill, 7, Porter, 47, the same objection, as is now urged, was taken to reviewing the decision of the Circuit Court on a writ of error; but we then considered that there is no reasonable distinction between refusing to grant a writ, by which the parties’ rights could be ascertained, and an erroneous judgment, by *142which they might be compromited. In that case, the writ of error was prosecuted on the refusal to allow a mandamus; but we think the same principle applies to a refusal to allow an information, in the nature of a quo warranto, when the relation is made at…
2Cases cited1 opinion
- Commonwealth v. AthearnMassachusetts Supreme Judicial Court · 1807
3Cited by9 opinions
- State ex rel. Cates v. Standard Oil Co. of KentuckyTennessee Supreme Court · 1907
- Buckman v. State ex rel. SpencerSupreme Court of Florida · 1894
- Taliaferro v. LeeSupreme Court of Alabama · 1892
- Baxter v. State Ex Rel. MetcalfSupreme Court of Alabama · 1942
- State Ex Rel. Clark v. KlingensmithSupreme Court of Florida · 1936
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