Beebe v. Robinson
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery. Heard before Hon. Adam C. Felder. This was an appeal from an order refusing to dissolve an injunction. ' The case as made by the bill and the answer, so far as it is material, may be thus stated: — At the general election in November, 1871, appellee Robinson was duly elected tax-collector of Montgomery county, and after having been commissioned and duly qualified, entered upon the discharge of the duties- of the office, and so…
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Appeal from Chancery Court of Montgomery. Heard before Hon. Adam C. Felder. This was an appeal from an order refusing to dissolve an injunction. ' The case as made by the bill and the answer, so far as it is material, may be thus stated: — At the general election in November, 1871, appellee Robinson was duly elected tax-collector of Montgomery county, and after having been commissioned and duly qualified, entered upon the discharge of the duties- of the office, and so continued up to the filing of the bill. At the July term, 1874, of the city court of Montgomery, the grand jury made a report…
1Opinion of the CourtManning, J.
Several causes, more or less like the present, have been before us during this term. In the argument of them, the idea has been kept prominent that public offices are the property of the incumbents. Much stress has been laid on the rights of persons in them as such. And sometimes it seemed to be supposed that the putting of one person into an office to which another had been elected, who has.failed to do some act required to enable him to hold it, differs little, if at all, from the ejection of a citizen from his patrimonial estate, without due process of law.
Expressions imputing this…
2Cases cited4 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- People ex rel. Wood v. DraperNew York Supreme Court · 1857
- Hill v. StateSupreme Court of Alabama · 1840
- Adm'r of Spence v. WhitakerSupreme Court of Alabama · 1836
3Cited by23 opinions
- Smith v. MyersIndiana Supreme Court · 1887
- Landes v. WallsIndiana Supreme Court · 1903
- Mobile & Montgomery Railway Co. v. CrenshawSupreme Court of Alabama · 1880
- Ex parte LuskSupreme Court of Alabama · 1886
- Davidson v. State ex rel. WoodruffSupreme Court of Alabama · 1879
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