Supreme Court of Alabama, 1908

Sigsbee v. City of Birmingham

Sigsbee v. City of Birmingham
Supreme Court of Alabama · Decided December 17, 1908 · Anderson, Benson, Simpson, Tyson
157 Ala. 418; 47 So. 1036; 1908 Ala. LEXIS 233

Sigsbee v. City of Birmingham

Opinion of the Court

SIMPSON, J.

โ€” The petition in this case was filed by the appellants for the purpose of contesting an election held to determine whether certain territory should be added to the city of Birmingham. In a proceeding to contest an election the allegation of statutory grounds for such contest is jurisdictional. 15 Cyc. 398, 399. No Statutory grounds are alleged in this petition. Subdivision 8, ยง 1071, Code 1907; section 455, Id.

The petition was properly dismissed, and the decree of the court is affirmed.

Affirmed.

Tyson, C. J., and Anderson and Benson, JJ., concur.

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