DocketNumber: 1 Div. 154.
Citation Numbers: 87 So. 87, 204 Ala. 549
Judges: McCLELLAN, J.
Filed Date: 6/30/1919
Status: Precedential
Modified Date: 1/11/2023
Appellant sought to contest the election (not nomination) of the appellee to the office of sheriff of Mobile county, in virtue of amended Code, § 470 (Act approved April 5, 1911, Gen. Acts, p. 195). The contestee's demurrer to the appellant's original "statement of grounds of contest" being sustained, the "statement" was amended, and appellee's demurrers thereto were sustained. *Page 550 Contestant declining to plead further, judgment was rendered for contestee, with costs.
Contests of elections are proceedings of purely statutory creation; and the Legislature may prescribe the jurisdiction, methods and means therefor. Scheuing v. State ex rel.,
The exaction of security for costs of contest, set down in Code, § 470, and in its amended form, supra, is a jurisdictional requirement that, if wholly absent, will not allow the court to proceed a "single step." Hutto v. Walker County,
An imperfect security for costs may be perfected by amendment. Lowery v. Petree,
As the record stands on reproduction for the purposes of appeal, the court below did not acquire jurisdiction in the premises. Hence, according to the record here, the court was without jurisdiction; and any judgment rendered or order taken will not support an appeal. Singo v. Fritz,
Appeal dismissed.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.