State ex rel. Clarke v. Carter
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne, Quo Warranto by the state on the relation of N. R. Clarke against John E. Carter, requiring him to show by what authority he is claiming the right to exercise the functions and authorities of a justice of the peace. From a judgment dismissing the petition relator appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne, Quo Warranto by the state on the relation of N. R. Clarke against John E. Carter, requiring him to show by what authority he is claiming the right to exercise the functions and authorities of a justice of the peace. From a judgment dismissing the petition relator appeals. The journal sufficiently shows that the bill was referred to a standing committee as required by section 62 of the Constitution. ■ — Walker v. Montgomery, 139 Ala. 479. The journals sufficiently show a compliance with section 106 of the Constitution. —…
1Opinion of the CourtMayfield, J.
This is a quo warranto proceeding, instituted in the name of the state on the relation of N. R. Clarke, against John E. Carter, seeking that he be required to show by what authority, if any, he is claiming the right to exercise the functions and authority of justice of the peace in and for precinct No. 7 of Mobile county, and that he be restrained from further exercising said functions and powers. The respondent demurred to the petition or complaint, and assigned numerous grounds therefor. The trial court sustained the respondent’s demurrer and dismissed the proceeding, and from that judgment…
2Cases cited3 opinions
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
- Harper v. StateSupreme Court of Alabama · 1895
- Shehane v. BaileySupreme Court of Alabama · 1895
3Cited by36 opinions
- In Re Gross Production Tax of Wolverine Oil Co.Supreme Court of Oklahoma · 1915
- Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
- Matter of Application of SchulerCalifornia Supreme Court · 1914
- Tayloe v. DavisSupreme Court of Alabama · 1924
- Hamilton v. Autauga CountySupreme Court of Alabama · 1972
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