Dunning v. Holcombe
Supreme Court of Alabama
Appeal from Probate Court, Mobile County; Price Williams, Judge. Contest by Godfrey B. Dunning of the election of William H. Holcombe, Jr., as Sheriff of Mobile County. Prom adverse rulings on the evidence resulting in contestant’s taking a nonsuit, he appeals.
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Appeal from Probate Court, Mobile County; Price Williams, Judge. Contest by Godfrey B. Dunning of the election of William H. Holcombe, Jr., as Sheriff of Mobile County. Prom adverse rulings on the evidence resulting in contestant’s taking a nonsuit, he appeals. The probate court ha'd jurisdiction, as the amendatory act had no reference to section 471, Code 1907, and to hold that the act amended that section would render it violative of section 45, Const. 1901. 109 Ala. 372, 19 South. 412; 107 Ala. 372, 18 South. 157; 92 Ala. 99, 9 South. 225; 187 Ala. 655, 65 South. 1028 ; 20 Cyc. 1187. This…
1Opinion of the CourtBrown, J.
The appellant, alleging that he was a qualified elector of the county of Mobile, filed in the probate court of that county a declaration contesting the election of appellee to the office of sheriff of the county, and because of the adverse rulings of the court, excluding certain evidence adduced to prove that appellant was such qualified elector, he took a nonsuit with bill of exceptions, and by this appeal seeks to review the rulings of the court excluding this evidence;
It appears that the contest of election was filed in the probate court under the authority of section 471 of the Code of…
2Cases cited10 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Ex parte CowertSupreme Court of Alabama · 1890
- Harper v. StateSupreme Court of Alabama · 1895
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
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3Cited by8 opinions
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