McDonald v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court of 'Walker. Tried before the Hon. J. J. Banks. This cause originated in an action brought by the appellee, W. D. Wood against the appellant, Alexander McDonald, to contest the election of the said McDonald to the office of mayor of Carbon Hill; Alabama, and to have one R. G. Cary, the opposing candidate for mayor, declared elected as mayor.
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Appeal from the Circuit Court of 'Walker. Tried before the Hon. J. J. Banks. This cause originated in an action brought by the appellee, W. D. Wood against the appellant, Alexander McDonald, to contest the election of the said McDonald to the office of mayor of Carbon Hill; Alabama, and to have one R. G. Cary, the opposing candidate for mayor, declared elected as mayor. The contest was brought under the law providing for contests for the office of judges of probate, as required by the charter of the town of Carbon Hill, Alabama. — Acts of 1891-92, p. 640. In his petition or declaration of…
1Opinion of the CourtHead, J.
There ivas no merit in the several objections made to the security for costs. The sureties themselves executed the obligation; it shows the consideration was the institution of the contest, and bound the sureties for the costs thereof. The case is unlike Bullard v. Johns, 50 Ala. 382.
The bill of exceptions does not purport to contain all the evidence. We cannot, therefore, review the court’s findings of fact.
But, the judgment must be reversed by reason of the refusal of the court to permit the contestee to prove that A. O. Everett, or “Lonny” Everett, as he was generally called, who had voted…
2Cases cited1 opinion
- Bullard v. JohnsSupreme Court of Alabama · 1874
3Cited by16 opinions
- Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
- Willingham v. StateSupreme Court of Alabama · 1954
- Bolton v. CuthbertSupreme Court of Alabama · 1902
- Dickey v. StateAlabama Court of Appeals · 1916
- Bufkins v. StateAlabama Court of Appeals · 1924
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