Legal Opinion

Foster v. State ex rel. Stanford

Supreme Court of Alabama

Decided March 2, 1907PublishedCited by 3 opinions

Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Quo warranto by tlie state, on the relation of J. N. Stanford and otheis, to try the title of J. F. Foste.' 10 the office of probate judge of Wilcox county. From a judgment ousting respondent, he appeals.

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Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Quo warranto by tlie state, on the relation of J. N. Stanford and otheis, to try the title of J. F. Foste.' 10 the office of probate judge of Wilcox county. From a judgment ousting respondent, he appeals. The probate judge of Wilcox county died May 6, 1906, and Foster was appointed in his stead. ■ The general election for state and county officers next after the death of the probate judge came on November 6, 1906. This election was not held for the election of probate judges; they holding bn nntil the general election in the…

1Opinion of the Court

TYSON, C. J. —

This is an action in the nature of quo warranto, brought on the information of Jonathan N. Stanford for the purpose of trying the title of the respondent to the office of probate judge of Wilcox county, and also to have his alleged right to that office *634adjudged. The respondent’s right to the office, and, for that matter, that of the relator, depends solely up on the determination of the question whether six months had intervened between the occurrence of the vacancy created by the death of Judge Beck on the 6th day of May, 1906, and the general election held on the 6th day of…

2Cases cited3 opinions

  1. Allen v. ElliottSupreme Court of Alabama · 1880
  2. Garner v. JohnsonSupreme Court of Alabama · 1853
  3. Thrower v. BrandonSupreme Court of Alabama · 1889

3Cited by3 opinions

  1. Ex Parte RegisterSupreme Court of Alabama · 1952
  2. McDonnell v. State ex rel. JonesSupreme Court of Alabama · 1917
  3. Richter v. StateSupreme Court of Alabama · 1908

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