State ex rel. Sigsbee v. City of Birmingham
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Petition by the State, on relation of J. N. Sigsby and another, in the nature of qou warranto, against the City of Birmingham. From a judgment for respondents, petitioners appeal.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Petition by the State, on relation of J. N. Sigsby and another, in the nature of qou warranto, against the City of Birmingham. From a judgment for respondents, petitioners appeal. In addition to the petition set out in a former report of this case (157 Ala. 418, 47 South. 1036), and another report found in 48 South. 848, the following paragraph (No. 5) was added to the petition, as follows: “Petitioners aver and show your honor’s court that the said election was held June 30,1908, was a void election, in this: The said…
1Opinion of the CourtSIMPlSON, J.
This is a qno warranto proceeding, for the purpose of testing the validity of certain proceedings under which an election was held to annex certain territory to the city of Birmingham. The case has been before this court- heretofore. See State ex rel. Sigsbee v. City of Birmingham, 160 Ala. 196, 48 South. 843; State ex rel. McKinley v. Martin, 160 Ala. 181, 48 South. 846.
The first insistence of the appellants is that the court erred in sustaining the motion to strike paragraph 5, which has been added to the original petition. The substance of the contention is that the chapter included in…
2Cases cited3 opinions
- State ex rel. Gamble v. HubbardSupreme Court of Alabama · 1906
- State ex rel. Sigsbee v. City of BirminghamSupreme Court of Alabama · 1908
- State ex rel. McKinley v. MartinSupreme Court of Alabama · 1909
3Cited by7 opinions
- Johnson v. State Ex Rel. City of BirminghamSupreme Court of Alabama · 1944
- City of Birmingham v. Mead Corp.Supreme Court of Alabama · 1979
- City of Talladega v. Jackson- Tinney Lumber Co.Supreme Court of Alabama · 1923
- Town of Brilliant v. City of WinfieldSupreme Court of Alabama · 1999
- Sitte v. TonneNorth Dakota Supreme Court · 1926
2 more not listed; retrieve them via the Exa API.