State ex rel. Roberson v. Town of Pell City
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. John W. Inzer. Petition by the state on the relation of Sam Roberson against the town of Pell City, and its board of mayor and aldermen, in the nature of a quo warranto for ouster, and to annul the incorporation. From a judgment denying the petition, relator appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. John W. Inzer. Petition by the state on the relation of Sam Roberson against the town of Pell City, and its board of mayor and aldermen, in the nature of a quo warranto for ouster, and to annul the incorporation. From a judgment denying the petition, relator appeals. Quo warranto is the proper remedy. — West End v. The State, ex rel., 138 Ala. 295; Sec. 3420, Code 1896. The petition did not show that it was signed by twenty or more adult male inhabitants. — Sec. 1486, Code 1886. It must affirmatively appear that all jurisdictional facts…
1Opinion of the CourtDenson, J.
— This is an action in the nature of quo warranto, commenced under subdivision 3 of section 3420 of the Code of 1896 (section 5453, Code of 1907), to dissolve the municipal corporation of Pell City, in St. Clair county. The action is in the name of the state, on the information of Sam Boberson, and is against the corporate entity and the intendant and councilmen. The town was organized on the 6th day of May, 1891, under title 14, c. 1, of the Code of 1886, and so far as the petition in this case shows the proceedings in respect to the organization or creation of the corporation were regular,…
2Cases cited5 opinions
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- State v. LeathermanSupreme Court of Arkansas · 1881
- Jameson v. PeopleIllinois Supreme Court · 1855
- Capital City Water Co. v. State ex rel. MacdonaldSupreme Court of Alabama · 1894
- State ex rel. Scott v. United States Endowment & Trust Co.Supreme Court of Alabama · 1903
3Cited by11 opinions
- City of Winter Haven v. State Ex Rel. LandisSupreme Court of Florida · 1936
- Brown v. Tuskegee Light & Power Co.Supreme Court of Alabama · 1936
- State Ex Rel. Martin v. City of GadsdenSupreme Court of Alabama · 1927
- Powell v. City of BirminghamSupreme Court of Alabama · 1952
- Henderson v. School District No. 44Montana Supreme Court · 1926
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