Supreme Court of Alabama, 1904

State ex rel. Cowan v. County Commissioners

State ex rel. Cowan v. County Commissioners
Supreme Court of Alabama · Decided November 15, 1904 · Anderson, McClellan, Simpson, Tyson
143 Ala. 181

State ex rel. Cowan v. County Commissioners

Opinion of the Court

SIMPSON, J.

The demurrers to the petition were properly sustained, and the petition properly dismissed, for the following reasons:

First. The petition to the commissioners court does not show what stock law isi intended to be repealed, but merely mentions “Existing stock law or stock laws,” but does not-show that any stock law actually-exists in the precinct, and, if so, what its boundaries are, nor does it show by what authority said stock law exists. This latter is important, as a matter of description and identification, if for no other reason.

Second. The petition for mandamus shows that the stock district, which is sought to be abolished, exists in only a part of the precinct mentioned, and the prayer is for an election in the entire precinct.

The judgment is affirmed.

'McClellan, G. -I., Tyson and Anderson, J.J., concurring.

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