McDonnell v. State

Decision Date15 February 1917
Docket Number8 Div. 958
Citation199 Ala. 240,74 So. 349
PartiesMcDONNELL v. STATE ex rel. JONES.
CourtAlabama Supreme Court

Appeal from Circuit Court, Madison County; O. Kyle, Judge.

Action by the State, on the relation of Thomas W. Jones, against A McDonnell. Judgment for relator, and respondent appeals. Affirmed.

Lanier & Pride and Betts & Betts, all of Huntsville, for appellant.

Spragins & Speake and Taylor & Watts, all of Huntsville, for appellee.

ANDERSON C.J.

Section 155 of the Constitution of 1901, "except as otherwise provided in this article," fixes the term of office of the Chief Justice and Associate Justices of the Supreme Court, circuit judges, chancellors. and judges of probate at six years. Section 156 makes other provision as to certain of the Associate Justices of the Supreme Court to be elected in 1904, so that some of them shall hold for two and some for four years, thus fixing it so that all of them will not thereafter stand for election at the same time, but ultimately leaving the term of all of them at six years as fixed by the preceding section. Section 158 of the Constitution of 1901 makes no change whatever, by way of extension, curtailment, or otherwise, of the term of office as fixed by section 155. Said section 158 reads as follows:

"Vacancies in the office of any of the justices of the Supreme Court or judges who hold office by election, or chancellors of this state, shall be filled by appointment by the Governor. The appointee shall hold his office until the next general election for any state officer held at least six months after the vacancy occurs, and until his successor is elected and qualified; the successor chosen at such election shall hold office for the unexpired term and until his successor is elected and qualified."

This section deals solely and entirely with vacancies and the method of filling same by restricting the appointee of the Governor, or one elected thereunder, to the filling of a vacancy to the unexpired term, and is not intended to encroach upon a new succeeding term so as to cut it down or to change the commencement and termination thereof so as to throw it out of harmony with the general system and term of all probate judges. This section succeeds section 17 of the Constitution of 1875, which old section provided for filling vacancies in the offices there mentioned and who should hold under appointment from the Governor for the remainder of the term, regardless of the date that the office became vacant and section 158 of the present Constitution changed this clause, not to...

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5 cases
  • State ex rel. Foster v. Rice, 6 Div. 752
    • United States
    • Alabama Supreme Court
    • May 23, 1935
    ... ... to hold same until the next general election occurring at ... least six months after his appointment and at which time a ... successor will be elected for the remainder of the Brandon ... 1934 term. This is, of course, quite a different case from ... McDonnell v. State, ex rel. Jones, 199 Ala. 240, 74 ... The ... judgment of the circuit court is affirmed ... Affirmed ... GARDNER, ... BOULDIN, BROWN, FOSTER, and KNIGHT, JJ., concur in the ... result, but for reasons set out in the opinion which follows ... ...
  • State ex rel. Hennepin County Bar Ass'n v. Amdahl
    • United States
    • Minnesota Supreme Court
    • December 28, 1962
    ...are of interest in supporting the views of respondent Amdahl, and People ex rel. Jackson v. Potter, 47 N.Y. 375; McDonnell v. State ex rel. Jones, 199 Ala. 240, 74 So. 349; and Simpson v. Willard, 14 S.C. 191, could be said to support the opposite view. However, we are construing our own co......
  • Pruett v. Delony, 8 Div. 484
    • United States
    • Alabama Supreme Court
    • September 21, 1972
    ...Shall hold office for the unexpired term and until his successor is elected and qualified.' (Emphasis supplied) In McConnell v. State ex rel. Jones, 199 Ala. 240, 74 So. 349, Chief Justice Anderson, speaking for the court, quoted Section 158 of the Constitution, and then 'This section deals......
  • Hooper v. Siegelman, 79-668
    • United States
    • Alabama Supreme Court
    • July 1, 1980
    ...year requirement and that is when the original term ends prior to the appointee's serving one year in office. McDonnell v. State ex rel. Jones, 199 Ala. 240, 74 So. 349 (1917), provides that one appointed to a judicial vacancy can hold only to the end of the original six year "Reading Secti......
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