Montgomery v. State ex rel. Enslen
Supreme Court of Alabama
Appeal from the Gircuit Court of Jefferson. Tried before the Hon. J. J. Banks. This is a proceeding in the nature of quo warranto, brought by the State on the, relation of Chris tain F. Enslen and by Ohristain F. Enslen.
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Appeal from the Gircuit Court of Jefferson. Tried before the Hon. J. J. Banks. This is a proceeding in the nature of quo warranto, brought by the State on the, relation of Chris tain F. Enslen and by Ohristain F. Enslen. The object of the proceeding is to. have the right of. the respondent to hold the office of Judge of the Police Court of Birmingham, determined ; and bo oust him from the said office, on the ground that he was a member of the legislature which created the office and that fact rendered him ineligible to hold said office. The averments of the information are sufficiently shown…
1Opinion of the CourtColeman, J.
The proceeding is by information in the nature of qvo warranto, and is prosecuted for the purpose of enquiring into the legality of the claim of the respondent to the office of Judge of the “Police Court of Birmingham.” Section 3170, authorizes the proceeding “ when any person usurps, intrudes into, or unlawfully *379holds, or exercises any public office, civil or military, or any franchise within this State, or any office in a corporation created by the authority of tills State.” Section 3171 of the Code, as amended by act of the legislature, 1892-3, p 789, provides that it may be brought…
2Cases cited7 opinions
- Shelby v. AlcornMississippi Supreme Court · 1858
- State v. BennettSupreme Court of Missouri · 1890
- State ex rel. Wingate v. ValléSupreme Court of Missouri · 1867
- Dunbar v. FrazerSupreme Court of Alabama · 1885
- Wilkinson v. KetlerSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- State ex rel. Holloway v. SheatsSupreme Court of Florida · 1919
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Yeilding v. State Ex Rel. WilkinsonSupreme Court of Alabama · 1936
- Attorney General v. TillinghastMassachusetts Supreme Judicial Court · 1909
- Lacey v. StateAlabama Court of Appeals · 1915
59 more not listed; retrieve them via the Exa API.