Legal Opinion

State ex rel. Harris v. Tucker

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 23 opinions

Appeal from Circuit Court of Hale. Tried before Hon. George H. Craig. Tbis was an information in tbe nature of quo warranto to try tbe right of the appellee to the office of sheriff of Hale county. The appellee, in his answer, set up the facts stated in the opinion, and the relator demurred.

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Appeal from Circuit Court of Hale. Tried before Hon. George H. Craig. Tbis was an information in tbe nature of quo warranto to try tbe right of the appellee to the office of sheriff of Hale county. The appellee, in his answer, set up the facts stated in the opinion, and the relator demurred. The demurrer being overruled, tbe parties admitted tbe facts to be true as set up in the answer, and the relator moved for judgment in his favor, which was overruled,' after, which he declined to proceed further, and judgment was rendered in favor of the appellee. The main question involved in the case…

1Opinion of the CourtStone, J.

The object of these proceedings is to inquire by what authority the defendant is in the exercise, of the office and functions of sheriff of Hale county. That he was appointed by the governor, and was commissioned under the seal of the State, are facts not disputed. The reason urged for his ouster is, that he was appointed to the office when there was no vacancy. The facts are as follows:

On the 3d November, 1874, at the general election held for Hale county, George E. Harris was voted for, and received a majority of the votes cast for the office of sheriff. No question is raised on the…

2Cases cited3 opinions

  1. Sprowl v. LawrenceSupreme Court of Alabama · 1859
  2. Thompson v. HoltSupreme Court of Alabama · 1875
  3. State v. ElySupreme Court of Alabama · 1869

3Cited by23 opinions

  1. City of Chicago v. GageIllinois Supreme Court · 1880
  2. State ex rel. Berge v. LansingNebraska Supreme Court · 1895
  3. Norman v. ThompsonTexas Supreme Court · 1903
  4. Ladd v. YettCourt of Appeals of Texas · 1925
  5. Alexander v. BoothSupreme Court of Florida · 1952

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