Ward v. State ex rel. Parker
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Information by tbe state, on the relation, of John L. Parker, and by John L. Parker individually, against George B. Ward to require defendant to show by wbat authority he exercises and discharges the duties of the office of president of the council of the city of Birmingham. Judgment for relator, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Information by tbe state, on the relation, of John L. Parker, and by John L. Parker individually, against George B. Ward to require defendant to show by wbat authority he exercises and discharges the duties of the office of president of the council of the city of Birmingham. Judgment for relator, and defendant appeals. The case made by the petition is that on the 21st day of August, 1907, at a regular meeting of the mayor and aldermen of the city of Birmingham, a municipal corporation under the act of the Legislature of the…
1Opinion of the CourtMcCLELLAN, J.
All of the justices, except the writer, concur in the conclusion that the judgment vindicating the right of the relator, Parker, to exercise the duties and perform the functions of the office of president of the city council of the city of Birmingham, was well rendered and should he affirmed. By their direction I set down a brief statement of the views leading to the result announced.
The right provided by section 199 of the act approved August 13, 1907 (Laws 1907, p. 892), to organize at once any municipality under its provisions and in accordance therewith, is not unconstitutional as an…
2Cases cited7 opinions
- State v. ParkerSupreme Court of Vermont · 1854
- Mitchell v. State ex rel. Florence DispensarySupreme Court of Alabama · 1901
- Clarke & Daviney v. JackSupreme Court of Alabama · 1877
- McGraw v. County CommissionersSupreme Court of Alabama · 1889
- Davis v. StateSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- Heck v. HallSupreme Court of Alabama · 1939
- Railroad Commission v. Ala. North. Ry. Co.Supreme Court of Alabama · 1913
- Michael v. State ex rel. WelchSupreme Court of Alabama · 1909
- Porter Coal Co. v. DavisSupreme Court of Alabama · 1935
12 more not listed; retrieve them via the Exa API.