Oberhaus v. State ex rel. McNamara
Supreme Court of Alabama
Appeal from' Mobile City Court. Heard before Hon. O. J. Semmes. Quo wárranto by tbe State on the relation of J. E. McNamara against A. Z. Oberhaus, to determine respondent’s right to the office of jury commissioner of Mobile county. From a judgment granting the writ, respondent appeals. The main point of the controversy is the time for expiration of the defendant’s first term as jury commissioner, and the point of beginning of Governor O’Neal’s term as governor.
Read the full summary
Appeal from' Mobile City Court. Heard before Hon. O. J. Semmes. Quo wárranto by tbe State on the relation of J. E. McNamara against A. Z. Oberhaus, to determine respondent’s right to the office of jury commissioner of Mobile county. From a judgment granting the writ, respondent appeals. The main point of the controversy is the time for expiration of the defendant’s first term as jury commissioner, and the point of beginning of Governor O’Neal’s term as governor. We admit that if Comer’s term had expired before the beginning of defendant’s second term as jury commissioner, then Governor Comer…
1Opinion of the CourtSomerville, J.
The appellee filed' a petition in the nature of quo warranto in the city court of Mobile charging that the appellant was unlawfully usurping the office of jury commissioner of Mobile county, and Avas exercising the powers and duties of that office without warrant or authority of laAV. In accordance with the prayer of the petition, an alternative writ was issued to the appellant requiring him to answer and show cause why he should not be ousted and excluded from said office. Demurrers to the answer made by respondent were'sustained by the trial court, and, the respondent declining to plead…
2Cases cited20 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Best v. PolkSupreme Court of the United States · 1873
- Cary v. StateSupreme Court of Alabama · 1884
- Prowell v. State ex rel. HastySupreme Court of Alabama · 1904
- Vogel v. State ex rel. LandIndiana Supreme Court · 1886
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
- State Ex Rel. Austin v. BlackSupreme Court of Alabama · 1932
- State Ex Rel. Bland v. St. JohnSupreme Court of Alabama · 1943
- Southern Ry. Co. v. MontgomerySupreme Court of Alabama · 1934
12 more not listed; retrieve them via the Exa API.