The Montgomery advertiser., 1901-10-30
FIGHT FOR AN OFFICE
MIR NUNNELEE TAKES ACTION
 BEFORE JUDGE MARRY.
MT. Phillips Summoned to Show Cause Why He Should Not Be Compelled to Surrender
 Books and Records.
Advertiser Bureau.

Advertiser Bureau.
 Selma, October 9. follows before Judge J. W. Mabry this morning:
 The State of Alabama,
 The County of Dallas.
 To the Honorable John w. Mabry, Judge
 of the City Court of Selma.
 Comes James H. NuEnelee and com- plains to your Honor as follows, that is to say:
 That at the election held August. 1898, cne Thco Lacy was elected CT srk of the Circuit Court of Dallas county, and thereafter duly qualified, and for some time thereafter continued to discharge the duties of said office: that thereafter on to-wit: the 18th day of October, 19O1 the Honorable Philip Henry Pitts. Pro- hate Judge of said county, certified to the Governor of Alabama that the said Theo Lacy had removed from Dallas county; that thereafter, on to-wit: the 2ith day of October. 1901. His Excellency the Governor of Alabama. ..:ppointed your complaina 1t, James H. Nunnelee, to be Clerk of the Circuit Court of said county for the unexpired term for which said Theo Lacy was elected, and on to-wit: plainant made and executed a bond. re- quired by law of him said clerk. which bond was duly approved by your Honor, the Judge of the City Court of office of the Probate Judge of said coun- ty. And complainant has taken the oath of ottice required by law, which said oath has been duly filed in the office of of Alabama. on to-wit: the 18th day of October. 1901. duly commissioned your complainant to be Clerk of said court. and your complainant has entered upon the discharge of his duties as said off, cer. and is discharging said duties.
 That complainant is now, and for more than five years, has been bona fide resident citizen of Dallas County, Ala har h1 ~ ra has now in his possession, or under his control. all of the books, stationery, pa pers, files, records, seal and other prop erty belonging to and appertaining to the said uffi,e of Clerk. and refuses to deliver any of them to complainant your complainant hath demanded of him the same, whereby complainant Is em- barrasscd, delayed and impeded in the proper and legal discharge of his duties as such clerk;
 Wherefore complainant prays that your Honor will grant an order directed to the said G. Crawford Phillips, requiring and commanding him to be and appear before your Honor at a place and time therein specified, to show cause, if any he can, why he should not be compelled to deliv- CT the said books, records, stationery, seal and other property to complainant. J. H. Nunnelee. Sworn and subscribed to before me this
 the 18th day of October; W A. Moirs p; 1901
 Judge of the City Court of Selma.
 After MT. Nunnelee had signed tho above affidavit Judge Mabry issued the following paper, which was given tc Sheriff Blackwell for service on MT. c. Crawford Phillips:
 The State of Alabama,
 The County of Dallas.
 To G. Crawford Phillips:
 A complaint upon oath aving been made to me. John W. Mabry, Judge of the City Court of Selma, by James H. Nunnelee, complaining that he is the Clerk of the Circuit Court of Dallas County, Alabama, and that you have in your possession, or under your control, certain books, papers and property be- longing 10. or appertaining to said office, which ycu withhold; and prays an or der requiring you to show cause why | you should not be compelled to deliver | the same to him.
 You are, therefore, commanded to be 1 and appear before me at my office in the | city of Selma, on the Tth day of NoVem- | ber 190l at 9 o'clock, then and there | to show cause, if you can, why you | should not be compelled to deliver same | to the said James H. Nunnelee, and this | you shall in no wise omit.
 | Done in Selma, Alabama, this the 18th | day of October, 1901.
 J. w. Mabry. | Judge of the City Court of Selma. The matter will now rest until 1t IS | heard by Judge Mabry on the day and | hour above specified. In the meantime the public is taking a lively interest tr | the outcome of the contest for the pos | session of the office.