Phelan v. State ex rel. Rosenstok
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Tiros. M. Arrington. This was an application' by H. E. Bosenstok, by petition, asking for a mandamus directed to Ellis Phelan, as Secretary of State, requiring him to permit the petitioner to have access to the public records kept in Ins office, and to copy from the books containing the field-notes of the government survey the field-notes of all the lands in Crenshaw county, which, as the petitioner alleged, he…
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Appeal from the City Court of Montgomery. Tried before the Hon. Tiros. M. Arrington. This was an application' by H. E. Bosenstok, by petition, asking for a mandamus directed to Ellis Phelan, as Secretary of State, requiring him to permit the petitioner to have access to the public records kept in Ins office, and to copy from the books containing the field-notes of the government survey the field-notes of all the lands in Crenshaw county, which, as the petitioner alleged, he was employed to make , by the county surveyor of that county, at an agreed compensation of $50, and which the secretary…
1Opinion of the Court
STONE, C. J.- —
In Brewer v. Watson, 61 Ala. 310, this court, after stating that any citizen has the right to inspect the records of judicial proceedings in the courts of the country, added, that “books kept in the public offices of the executive department are not — at least all of them — equally open to examination.” — 1 Greenl. Ev. §§ 471, 475. The qualification of the rule is, that no person can demand this right, save those who have an interest in the record, their lawful -agents, or attorneys. The uses for which public records are kept, the welfare of the public, and the nature of our…
2Cases cited1 opinion
- Brewer v. WatsonSupreme Court of Alabama · 1878
3Cited by6 opinions
- Holcombe v. State Ex Rel. ChandlerSupreme Court of Alabama · 1941
- Baker v. HowisonSupreme Court of Alabama · 1925
- State ex rel. Nevada Title Guaranty & Trust Co. v. GrimesNevada Supreme Court · 1906
- Blankenship v. City of HooverSupreme Court of Alabama · 1991
- State Ex Rel. Denson v. MillerSupreme Court of Alabama · 1920
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