Commissioner's Court of Blount County v. Johnson
Supreme Court of Alabama
Appeal from Blount Circuit Court. Heard before W. W. Haralson. On November 15, 1904, certain persons, describing themselves as freeholders of precinct No. 19 in Blount county, Ala., filed a petition in the probate court of said county, asking that an .election be held in certain territory of said county, which is described in the petition and is not a description of the entire beat No. 19, to ascertain whether or not stock should be permitted to run at large in the territory…
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Appeal from Blount Circuit Court. Heard before W. W. Haralson. On November 15, 1904, certain persons, describing themselves as freeholders of precinct No. 19 in Blount county, Ala., filed a petition in the probate court of said county, asking that an .election be held in certain territory of said county, which is described in the petition and is not a description of the entire beat No. 19, to ascertain whether or not stock should be permitted to run at large in the territory described. The commissioners’ court found that the signers constituted a majority of the dona fide freeholders of the…
1Opinion of the CourtAnderson, J.
The petition in this case was evidently not filed under the local law for Blount county (Acts 1901, p. 1800), but was doubtless attempted under the provisions of section 2 of the general law (Acts 1903, p. 432). While under the local law the result of the election to be held throughout the county permits the result to apply as per the vote of the. beats, respectively, and one beat could get the stock law, though it may have failed in the entire county or in some other precinct, yet there is no provision authorizing a separate and distinct election for any one precinct, or any number of…
2Cases cited4 opinions
- Miller v. JonesSupreme Court of Alabama · 1885
- Stanfill v. Court of County RevenueSupreme Court of Alabama · 1885
- Brooks v. JohnsSupreme Court of Alabama · 1898
- Flowers v. GrantSupreme Court of Alabama · 1900
3Cited by18 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Poyner v. WhiddonSupreme Court of Alabama · 1937
- Boyd v. GarrisonSupreme Court of Alabama · 1944
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
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