Fulton v. Longshore
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. J. H. Fulton was declared elected sheriff on the returns, and Norris, the defeated candidate, filed his contest to the office before A. P. Longshore, judge of probate, of Shelby county. Thereupon, J. H. Fulton, by writ of mandamus sought to compel the judge to certify his incompetency to try and determine the cause. From a judgment denying the writ, petitioner appeals.
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Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. J. H. Fulton was declared elected sheriff on the returns, and Norris, the defeated candidate, filed his contest to the office before A. P. Longshore, judge of probate, of Shelby county. Thereupon, J. H. Fulton, by writ of mandamus sought to compel the judge to certify his incompetency to try and determine the cause. From a judgment denying the writ, petitioner appeals. The statutory disqualifications are not exclusive, and it was only necessary to inquire whether the judge has such a personal interest as may be calculated to…
1Opinion of the CourtTyson, C. J.
This proceeding was instituted for compelling the respondent thereto, by writ of mandamus, to certify his incompetency as judge of probate to hear and try a contested election case involving the title to the office of sheriff of his .county. The contest over the right to the office is between the petitioner in this case, who is and was a Democrat, and one Norris, who is and was a Populist. It is shown by the petition, by the return thereto, and by the testimony that the respondent is, and was at the time of the election out of which the contest arose, a Populist. The grounds upon which it is…
2Cases cited3 opinions
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- Ex parte CornwellSupreme Court of Alabama · 1905
- Medlin v. TaylorSupreme Court of Alabama · 1893
3Cited by45 opinions
- Ex Parte BalogunSupreme Court of Alabama · 1987
- Hodges v. StateCourt of Criminal Appeals of Alabama · 2001
- Leonard v. WillcoxSupreme Court of Vermont · 1928
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Ex Parte MelofSupreme Court of Alabama · 1989
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