Pearson v. Alverson
Supreme Court of Alabama
Appeal from St. Clair Probate Court. Heard before Hon. W. S. Forman. C. D. Alverson was elected treasurer of St. Clair county, whereupon, Pickens Pearson filed a contest. From a motion granted dismissing his contest Pearson appeals. The court having jurisdiction of the subject matter and having acted upon the statement of the grounds of contest assumed jurisdiction and it was a matter for the court to pass upon. — Hilliard v. Brown, 103 Ala. 318, and cases there cited.
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Appeal from St. Clair Probate Court. Heard before Hon. W. S. Forman. C. D. Alverson was elected treasurer of St. Clair county, whereupon, Pickens Pearson filed a contest. From a motion granted dismissing his contest Pearson appeals. The court having jurisdiction of the subject matter and having acted upon the statement of the grounds of contest assumed jurisdiction and it was a matter for the court to pass upon. — Hilliard v. Brown, 103 Ala. 318, and cases there cited. The fact that petitioner was a qualified voter in said county at the time of said election, is not jurisdictional. — Ex parte…
1Opinion of the CourtSimpson, J.
The petition in this case was filed by the appellant against the appellee for the purpose of contesting the election of said contestee to the office of county treasurer. On motion made by the contestee the petition was dismissed, and from the decree of the judge of probate dismissing said petition, this appeal is taken.
Election contests are special statutory proceedings, and, according to the best authorities, which have been followed by our own. court, are to he strictly construed as to those provisions for inagurating the contest, and which are necessary to jurisdiction. A short time limit…
2Cases cited3 opinions
- Black v. PateSupreme Court of Alabama · 1900
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Gillespie v. DionMontana Supreme Court · 1896
3Cited by25 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- Ex Parte State Ex Rel. BraggSupreme Court of Alabama · 1940
- Perloff v. EdingtonSupreme Court of Alabama · 1974
- Ex Parte HartwellSupreme Court of Alabama · 1939
- Turner v. CooperSupreme Court of Alabama · 1977
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