Reese v. State ex rel. Carswell
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before D. W. Speake. Quo warranto by the State of Alabama, on .the relation of P. L. Carswell and others, directed ■ to J. E. Reese, requiring him to show wherein he has right to usurp- and intrude into the office of councilman for ward No. 1 in the city of New Decatur. Prom a decree ousting respondent, he appeals.
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Appeal from Morgan Circuit Court. Heard before D. W. Speake. Quo warranto by the State of Alabama, on .the relation of P. L. Carswell and others, directed ■ to J. E. Reese, requiring him to show wherein he has right to usurp- and intrude into the office of councilman for ward No. 1 in the city of New Decatur. Prom a decree ousting respondent, he appeals. It appears from the petition and answer: That the city of New Decatur was a city of more than 6,000 and less -than 20,000 inhabitants, and that it was divided into four wards, each of which were entitled to be represented by two councilmen,…
1Opinion of the CourtSayre, J.
— New Decatur is a city of more than 6,000 and less than 20,000 inhabitants. It is divided into four wards. Each ward is represented in the council by two councilmen. The first question presented for decision by this case is whether the president of the city council has a right to vote when the city council comes to fill a vacancy occurring in its own membership. His franchise in such case must be found in section 1064 of the Code as amended by the Act of August 20, 1909. Special Session Acts 1909, p. 100. We quote the necessary part of the act: “In cities having a population of six thousand…
2Cases cited3 opinions
- Pimental v. City of San FranciscoCalifornia Supreme Court · 1863
- Pollasky v. SchmidMichigan Supreme Court · 1901
- Wood v. GordonWest Virginia Supreme Court · 1905
3Cited by9 opinions
- Ridgell v. StateAlabama Court of Appeals · 1911
- Mann v. KeySupreme Court of Alabama · 1977
- State Ex Rel. Reeves v. ThompsonSupreme Court of Alabama · 1924
- Alabama Penny Savings Bank v. HolmesSupreme Court of Alabama · 1913
- Bush v. Greyhound Corp.Court of Appeals for the Fifth Circuit · 1954
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