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eBook details

• Title: Loren W. Rollins v. J. H. Deason
• Author : Supreme Court of Alabama
• Release Date : January 22, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

GOODWYN, Justice. This is an appeal from a decree of the circuit court of Walker County, in Equity, denying the petition of
appellant, Loren W. Rollins, to be allowed to intervene in an injunction proceeding pending in that court wherein J. H. Deason
is complainant and the members of the County Board of Supervisors, charged with canvassing the County election returns, are
respondents. There seems to be no question that the decree denying the right of intervention is appealable. Grace v. Birmingham
Trust & Savings Co., 257 Ala. 507, 517, 59 So.2d 595; Franklin v. Dorsey-Jackson Chevrolet Co., 246 Ala. 245, 248, 20
So.2d 220, 157 A.L.R. 154; Weller & Sons v. Rensford, 164 Ala. 312, 315, 51 So. 344; Ex parte Gray, 157 Ala. 358, 364,
47 So. 286, 131 Am.St.Rep. 62. Deason alleges in his complaint, filed on November 8, 1954, that he is the duly appointed and qualified holder of the office
of Member of the County Board of Revenue for District No. One; that his term of office expires in January, 1956; that in the
general election held on November 2, 1954, there were seventy-six write-in votes for one Arthur Smith for said office even
though no lawful election was being held to fill said office in said election; that the respondents, as the official canvassers
of the vote, are about to meet and declare the said Arthur Smith elected to said office. A temporary injunction was issued,
as prayed for, on the same day the bill was filed, restraining the canvassing board from so acting. On December 6, 1954, Rollins,
as a voter and taxpayer, filed a petition to be allowed to intervene in the proceedings so that he could resist Deason's effort
to permanently restrain the canvassing board. He alleged in his petition that, in addition to being a taxpayer, he voted for
Smith in the election and thus has an interest in seeing that Smith's election is upheld. Deason's motion to dismiss the petition
was granted and Rollins prosecutes this appeal from the decree of dismissal. Submission was had on March 22, 1955.

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