Legal Opinion

Wilkinson v. Stiles

Supreme Court of Alabama

Decided May 17, 1917No. 6 Div. 504PublishedCited by 21 opinions

Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Proceeding by Horace C. Wilkinson against J. P. Stiles, as Judge. ■ From the decree rendered, petitioner appeals.

1Opinion of the CourtAnderson, C. J.

The petitioner seeks to have the respondent, Stiles, receive, examine and certify as to a petition for holding an election for the purpose of abandoning the commission form of government in the city of Birmingham. The only authority for such action on the part of the respondent must come from the act of 1915, p. 770, and as the same expressly provides that it shall not apply to cities having a population of 35,000 or more, and as Birmingham belongs to said excepted class, the respondent had no lawful right to act upon the petition in the manner as sought by petitioner and properly declined to…

2Cases cited7 opinions

  1. Spraigue v. ThompsonSupreme Court of the United States · 1886
  2. State ex rel. Collman v. PittsSupreme Court of Alabama · 1909
  3. State v. DavisSupreme Court of Alabama · 1900
  4. Marsh v. HanlyCalifornia Supreme Court · 1896
  5. Griffin v. DrennenSupreme Court of Alabama · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Alabama State Federation of Labor v. McAdorySupreme Court of Alabama · 1944
  2. State v. PraetoriansSupreme Court of Alabama · 1933
  3. Georgia Casualty Co. v. HaygoodSupreme Court of Alabama · 1923
  4. Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
  5. Union Bank & Trust Co. v. BlanSupreme Court of Alabama · 1934

16 more not listed; retrieve them via the Exa API.

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