Mizell v. State ex rel. Gresham
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon H. A. Pearce. Quo Warranto by the state on tbe relation of W. J. Gresham, against Frank J. Mizell and others, seeking to oust them as mayor and council of the town of Samson. From a judgment for relator respondent appeals.
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Appeal from Geneva Circuit Court. Heard before Hon H. A. Pearce. Quo Warranto by the state on tbe relation of W. J. Gresham, against Frank J. Mizell and others, seeking to oust them as mayor and council of the town of Samson. From a judgment for relator respondent appeals. Quo Warranto is not the proper remedy. — Sec. 5464, Code 1907; Patton v. Wattains, 131 Ala. 387. The election should have been contested under the provisions of section 1168, Code 1907. — Parks v. State, 100 Ala., 634; Hilliard v. Broion, 97 Ala. 92. There was a misjoinder of parties respondent. — 32 Cyc. 1447; 17 Ene. P. &…
1Opinion of the CourtAnderson, J.
This is a proceeding by the statutory quo warranto to oust the respondents, as mayor and council of the town of Samson. The respondents set up a certificate of a majority of the then existing town council, of September 20, 1910, certifying that they were, on the 19th of said month and year, duly and legally elected to the offices held by them respectively.
Section 1167 of the Code of 1907 provides that a certificate of election shall be given by the council, or a majority of them, which shall entitle the persons so certified to the possession of their respective offices immediately upon the…
2Cases cited3 opinions
- Commissioner's Court of Blount County v. JohnsonSupreme Court of Alabama · 1906
- Parks v. State ex rel. OwensSupreme Court of Alabama · 1892
- State ex rel. Harris v. ElliottSupreme Court of Alabama · 1897
3Cited by4 opinions
- Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
- Walker v. JuniorSupreme Court of Alabama · 1945
- Dunlap v. State ex rel. DurrettSupreme Court of Alabama · 1993
- State ex rel. Blish v. ThomasSupreme Court of Alabama · 1913