State v. Cobb

• Decision Date: 12 November 1895
• Citation: 18 So. 532,108 Ala. 9
• Parties: STATE EX REL. VEST v. COBB ET AL.
• Court: Alabama Supreme Court

18 So. 532

108 Ala. 9

STATE EX REL. VEST v. COBB ET AL.

Supreme Court of Alabama

November 12, 1895

Petition on relation of E. F. Vest against R. W. Cobb and others for writ of mandamus to compel defendants to recanvass election returns, and declare relator elected sheriff. From a judgment denying the writ, the relator appeals. Affirmed.

The proceeding in this case was had upon a petition filed by E F. Vest, directed to the judge of the Seventh judicial circuit of the state of Alabama, praying for a mandamus. The petition was as follows: "Your relator respectfully showeth unto your honor that on the _____ day of August 1892, an election was held in the county of Shelby and state of Alabama, as is required by law for the election of the various state and county officers. (2) That at said election your relator was a candidate for the office of sheriff of said county, as were also H. W. Nelson and James H. Page. (3) That relator was at and for some years prior to the time of said election, and subsequently to this time, a qualified elector of said county. (4) That at said election your relator, said Page, and Nelson were voted for by the qualified electors of said county for the office of sheriff of said county. That the respective boards of inspectors at the various polling places in said county, except at the polling place in precinct No. 12 of Shelby county, discharged their respective duties in all respects as is required by law, having been duly appointed to act as such inspectors. (5) That the statement of votes and the poll lists delivered to the respective returning officers of said county by the said inspectors were duly delivered to the returning officer of said county. (6) That on Saturday next after said election, at the hour of twelve meridian, the returning officer of the county, viz. W. R. Corter, failing to attend at said hour, J. T. Slaughter, a respectable freeholder or householder of the county, and R. W. Cobb, probate judge of said county, and W. B. Browne, a respectable freeholder or householder of said county, who supplied the place of W. R A. Milner, clerk of the circuit court of said county, the said Milner having been interested by reason of having been a candidate at said election, did assemble at the courthouse in said county, and then did make a true and correct statement of the returns of the votes from the several precincts of said county except said precinct No. 12, as to which...