Finklea v. Farish
Supreme Court of Alabama
Appeal from Monroe Probate Court. Heard before Hon. I. B. Slaughter. B. B. Finklea ' was declared elected to the office of Tax Collector of Monroe county, whereupon, J. P. Farish, filed a contest which was sustained, and from this judgment, the contestee appeals.
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Appeal from Monroe Probate Court. Heard before Hon. I. B. Slaughter. B. B. Finklea ' was declared elected to the office of Tax Collector of Monroe county, whereupon, J. P. Farish, filed a contest which was sustained, and from this judgment, the contestee appeals. The statutory system of contesting elections in this state is the only mode prescribed and any material departure therefrom is unauthorized. — Black v. Pate, 130 Ala. 514; Wither son v. Duncan, 114 Ala.. 659; Hilliard v. Broum, 97 Ala. 92. Contestee held a registration certificate from the proper authority and this is conclusive as…
1DissentDenson, J.
(dissenting.) — The contestant came of age in 1903. The point of the opinion and the conclusion of the majority of the court is that, by not paying a poll tax by or on February 1, 1904, he failed to qualify himself as executor. In Frost v. State ex rel. Clement, 153 Ala. 654, 45 South. 203, this court decided that the framers of the Constitution, in speaking of the payment of the poll tax for the year 1901, had in view, as the basis of time, the tax year as fixed by the statutes existing at that time, and that that cycle begins on Oc*240tober 1st, and ends with the month of September following.…
2Cases cited3 opinions
- Snider v. BurksSupreme Court of Alabama · 1887
- Frost v. State ex rel. ClementsSupreme Court of Alabama · 1907
- Martin v. StateSupreme Court of Alabama · 1885