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144 Ala. 397

Wilson v. Pike County

Supreme Court of Alabama

Decided July 1, 1905

Supreme Court of Alabama · decided 1905-07-01

Heard before the Hon. W. L. Parks. The bill in this cause was filed by the appellant, J. B. Wilson, and sought to enjoin the county of Pike from selling certain county bonds, authorized by a special election held under the act (Acts 1903, p. 90). No special statement of facts averred is necessary. •

Relies on State ex rel. Leal v. Jones · People ex rel. Speed v. Hartwell · Berry v. McCollough

Good law ✅— No negative treatment on recordhow we know

Decided 1905-07-01

How this case has been cited

Cited by 4 later decisions — most recently January 1930

4 state decisions

201905191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ANDERSON, J.

¶1The sole point in support of the contention that the bill contains equity is that the election held for the bond issue was not in accordance with the law on the subject, in that the notice given by the probate judge did not comply with section 2 of the act of 1903, page 90, because it failed to state the place for holding the election.

¶2*398The authorities seem to hold that where the law prescribes the place of an election,' the people take notice of it as they do of any other law, and if a special notice is to be given by any officer, the provision is deemed directory merely. — County of Colbert v. Thurwood, 116 Ala. 209; 10 Am. & Eng. Ency. Law, 624, and notes; Cooley on Const. Lim., page 603. But this-would not be the case if- the place was not fixed by law, so that notice became essential for that purpose. — McCrary on Elections, 143; Troop on Public Officers, 150; People v. Cowles, 13 N. Y. 508; State v. Jones, 19 Ind. 356; LaFayette v. State, 69 Ind. 218; Berry v. McCullough, 94 Ky. 247; People v. Hartwell, 12 Mich. 508.

¶3The election in the case at bar was to be held throughout the entire county, and sections 4 and 5 of said act, required the appointment of managers to conduct the election in each beat, or polling place in the county. The law therefore fixed the place, and of which the voters were chargeable with notice, independent of any special notice required by section 2 of said act.

¶4The chancellor properly dismissed the bill for want if equity, and the decree is affirmed.

¶5Affirmed.

Dowdell, Simpson and Denson, JJ., concurring.
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