State ex rel. Scholl v. Duncan
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Quo warranto by the state on the relation of Edward IT. Scholl and others against Ellis N. Duncan, to ascertain his rights to hold the office and exercise the powers of city bacteriologist of Birmingham, Ala. Prom a decree for respondent relators appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Quo warranto by the state on the relation of Edward IT. Scholl and others against Ellis N. Duncan, to ascertain his rights to hold the office and exercise the powers of city bacteriologist of Birmingham, Ala. Prom a decree for respondent relators appeal. The admission admitting the allegations of the petition imposes upon the defendant the burden of showing by his answer that he is lawfully exercising the functions of the office he holds. — Montgomery v. The State, 100 Ala. 372. The rule is better stated in 17 Ency P. & P.…
1Opinion of the CourtSayre, J.
This is a proceeding in the nature of a quo Warranto, challenging the right of respondent to exercise the functions of city bacteriologist, created by an ordinance of the city of Birmingham approved January 5,1908. It is not denied that respondent was elected to the office in question, nor is there averment that he is in any respect disqualified to hold the same. The controversy between the parties relates to the right of the municipality to create an office with the powers and functions conferred by the ordinance upon the respondent; the argument for the relators being that the ordinance is…
2Cited by11 opinions
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Reid v. City of BirminghamSupreme Court of Alabama · 1963
- Union Central Life Ins. v. State Ex Rel. WhetstoneSupreme Court of Alabama · 1933
- Tucker v. McLendonSupreme Court of Alabama · 1924
- Fidelity & Deposit Co. v. Farmers' Hardware Co.Supreme Court of Alabama · 1931
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