Goodwin v. State ex rel. Wakefield
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Heard before Hon. S. H. Sprott. Petition for prohibition on the relation of the State by Wakefield, et als. against Goodwin, Judge of Probate, and three members of the board of county commissioners.
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Appeal from Fayette Circuit Court. Heard before Hon. S. H. Sprott. Petition for prohibition on the relation of the State by Wakefield, et als. against Goodwin, Judge of Probate, and three members of the board of county commissioners. The first allegation of the petition is that Goodwin, as judge of probate,-together with Brown, Wright and Doughty, have illegally and without authority of law constituted and made themselves a court of county commissioners of Fayette county, and that said Goodwin and Doughty do not constitute a quorum to organize a legal commissioner’s court. The second…
1Opinion of the CourtANDEIiSON, J.
The petition- in the case seems to be filed in a double aspect. It starts off by attacking the right of two of the commissioners to exercise the duties of the office, upon the ground that they have no right to hold the same and are usurpers. The prayer for the-writ, which is doubtless based upon the above contention, is that they be restrained from exercising-any of the duties or functions pertaining to the court of county commissioners. It would therefore appear that the evident purpose of the first ground of the petition is intended for the sole purpose of testing the right of these two…
2Cases cited5 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Ex parte Branch & Co.Supreme Court of Alabama · 1879
- Ex parte GreeneSupreme Court of Alabama · 1856
- Atkins v. SiddonsSupreme Court of Alabama · 1880
- Ex parte StateSupreme Court of Alabama · 1889
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- Readdy v. MallorySupreme Court of Oklahoma · 1916