Clark v. State, ex rel. Graves
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Petition by the State of Alabama on the relation of Bibb Graves and Bibb Graves for quo warranto to test tbe right of Louis V. Clark to bold the office of Brigadier General of the militia. Prom a judgment granting the petition, the respondent appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Petition by the State of Alabama on the relation of Bibb Graves and Bibb Graves for quo warranto to test tbe right of Louis V. Clark to bold the office of Brigadier General of the militia. Prom a judgment granting the petition, the respondent appeals. Under section 276, Constitution 1901, the office of Brigadier General of State Militia is a general office whose term extends for four years, and Clark having been appointed and confirmed on April 17, 1905, as such Brigadier General, following a previous appointment in 1901,…
1Opinion of the CourtSomerville, J.
Section 6 of article 12 of the Constitution of 1875 provided that “the Governor shall, except as othenvise provided herein, be commander in chief of the militia and volunteer forces of the state, except lidien in the service of the United States, and shall, Avith the advice and consent of the Senate, appoint all general officers, Avhose terms of office shall be for four years. The Governor, the generals, and regimental and battalion commanders shall appoint their own staffs, as may -be provided by laAV.” Section 271 of the Constitution of 1901 provides: “The Legislature shall have power to…
2Cases cited29 opinions
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- Stadler v. City of DetroitMichigan Supreme Court · 1865
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3Cited by26 opinions
- People v. ShawyerWyoming Supreme Court · 1924
- Dennis v. PratherSupreme Court of Alabama · 1925
- State Ex Rel. Whitley v. RinehartSupreme Court of Florida · 1939
- Marsh v. Birmingham Bd. of Ed.Supreme Court of Alabama · 1977
- Springer v. State Ex Rel. WilliamsSupreme Court of Alabama · 1934
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