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173 Ala. 472

Sartain v. Gray

Supreme Court of Alabama

Decided June 25, 1911

Supreme Court of Alabama · decided 1911-06-25

. Heard before Hon. J. J. Curtis. Mandamus by Charles M. Sartain against John M. Gray, sheriff of Walker county, to require him to furnish poll lists of a certain election, which was being contested. From a judgment denying petition, petitioner appeals. Affirmed. As a contesting claimant of the office it is the clear statutory right of appellant to have a certified copy of the poll list. — Section 458, Code 1907.

Cited by 4 later decisions — most recently May 1929

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1911-06-25

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SOMERVILLE, J.

¶1This is a companion case with that of Charles M. Sartain v. James W. Shepherd, infra, 55 South. 919, both being submitted and argued together,

¶2In this case the petition for mandamus is directed, against the sheriff of Walker county, while in the other-it was directed against the probate judge; the object in each case being to compel the respondent to deliver to the petitioner a certified copy of the election poll lists of the several precincts of the county. The allegations of the petition, the rights of the petitioner, and the duties of probate judge and sheriff with respect to poll lists are stated and discussed in the opinion filed in Sartain v. Shepherd, supra, to which we need only add here that, not only is the sheriff not authorized or required to furnish such a copy, but, except upon the requisition of the probate judge under section 458, he is by penal statute expressly forbidden to do so. Section 6806, Code 1907.

¶3The demurrer to the petition was properly sustained,, and the judgment dismissing the -petition must be affirmed.

¶4Affirmed.

Simpson, Anderson and Sayre, JJ., concur.
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