Ham v. State ex rel. Blackmon
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Proceedings in the nature of quo warranto by tbe state on the relation of H. H. Blackmon against J. M. Ham, to oust Ham from office. From a judgment of ouster defendant appeals.
Read the full summary
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Proceedings in the nature of quo warranto by tbe state on the relation of H. H. Blackmon against J. M. Ham, to oust Ham from office. From a judgment of ouster defendant appeals. Tbe county court of •Coffee county was created by tbe Acts of 1900-01, at page 861, and this act was afterwards amended by tbe Acts of 1903,398, and this latter act was declared constitutional in tbe case of Blue v. Everett, 40 South. 203. Under both acts the Governor was authorized to fill tbe vacancies when caused from any reason. Tbe failure of tbe…
1Opinion of the CourtMayfield, J.
The county court of Coffee was
Created and established by act of the Legislature of February 8, 1901 (Acts 1900-01, pp. 861, 867). This act was amended September 29, 1903 (Loc. Acts 1903, p. 398). The office of judge of said .court was created by the original act, which provided for the election of such judge, fixed the term of office, and provided for the filling of vacancies in the office.
The provisions of the original act necessary to be considered were substantially as follows:
First (section 1), that the judge should be elected by the Senate as soon as possible after the passage of the…
2Cases cited7 opinions
- State ex rel. Little v. FosterSupreme Court of Alabama · 1900
- Nolen v. State ex rel. MooreSupreme Court of Alabama · 1897
- State ex rel. Elliott v. BemenderferIndiana Supreme Court · 1884
- State ex rel. Richardson v. HendersonWyoming Supreme Court · 1894
- Elliott v. BurkeCourt of Appeals of Kentucky · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hornsby v. SessionsSupreme Court of Alabama · 1997
- State Ex Rel. Eberle v. ClarkSupreme Court of Connecticut · 1913
- Staebler v. CarterDistrict Court, District of Columbia · 1979
- State v. CaulkSuperior Court of Delaware · 1927
- Futrell v. OldhamSupreme Court of Arkansas · 1913
8 more not listed; retrieve them via the Exa API.