The Birmingham age-herald., 1912-09-22
LANES ATTORNEYS
 FILE DEMURRERS
20 Grounds Assigned to Sus-
 tain Proceedings
CASE TO COME UP SOON
Is Set For October 2, But Is Stated That Judge Nesmith Will Be Out of the City-Text
 of Demurrers

Judge A. o. Lane, through his attor- neys, yesterday filed demurrers< to the complaint in the quo warranto proceed ings filed against him in the city court by Attorney Horace Wilkinson, seeking to oust him from the office of city com | missioner.
 | The respondent assigns 20 grounds on which to sustain the demurrers. but in the event they are not sustained an an filed when the case is called for hear ing.
 | The petition was filed recently by MT. Wilkinson with Judge c, c. Nesmith of the first division of the city court and the hearing set for October 2, but it is probable that Judge Nesmith will be ab- sent on that date, as he contemplates eN- changing positions with Judge Curtis of Winston county and the hearing may go over for few days.
 Judge Lane will be represented by a strong array of legal talent and had many other offers from prominent firms to appear in his behalf. His counsel will be members of the law firms of Cabaniss X Bowie. Frank S. White & Sons, Sterl- ing A. Wood, A. Leo Oberdorfer, James A. Mitchell and Capt. Romaine Boyd, city atto rney
 | One of the attorneys for Judge Lane stated yesterday that they were not the | least disturbed about the outcome of tho proceedings and that he believes the pe- tition of the complainant would be de- nied.
 | The grounds for demurrer to the conn paint or information are as follows; | Now comes the defendant A. 0. Lane, | by his attorneys, and demurs to the complaint or information exhibited against | him In the name of the state of Alabama on the relation Of Horace c. Wilkinson. | and for cause Of demurrer assigns the l following grounds: l 1. The name of said reator is not joined as plaintiff with the state of Ala | bama.
 doned or resigned said judgeship is the averment of conclusion merely. | "3 1t is not averred or shown whether l the defendant abandoned the said judge ship or resigned the said office, and if he abandoned the same, 1t is not shown or averred what the abandonment con sisted of or what acts on defendants part constituted said alleged abandon ment
 "A. The allegation that defendant ahan- doned said judgeship Is mere eonclu- sion of the pleader. "5 The averment that the defendant en-
 
 ing intruding into and holding without warrant authority of law the office of commissioner of the city of Birmine- ham, is the averment of a legal conelu- sion.
 'G. The averment that defendant en- tered into and usurped, and Is now usdrp- ing, intruding into and holding without warrant or authority of law the office of commissioner of the city of Rirming- ham, and claims 10 be clothed with the power of such office without warrant or authority of law, is the ayerment of a conclusion merely.
 "7. It Is not averred that the defendant was nos duly appointed to said office of commissioner of the city of Birming- ham, and no fact is averred to show de- fendant's inelgibility to such office.
 '8. It does not appear with requisite certainty whether defendant was ever ap- pointed to said office, wether he was ineligible to hold and exercise the duties thereof.
 '9. It Is not averred that defendant was not duly appointed to said office of com mission of the city of Birmingham, anu no fact is averred to show that he was ineligible to hold and exercise the duties of said office
 '10. It Is not averred that defendant usurped intruded into or unlawfully holds or exercises any public office within this state.
 Ill It does not appear that this court has Jurisdiction of said proceedings.
 '12 It affirmativeiy appears that said action was not brought in the circuit court of the county in which the alleged acts were done.
 "13. 1t is not averred or shown that the defendant has usurped, or that he intrudes into or unlawfully holds or ex- ercises any office under this state.
 "A. It is not averred or shown, and 1t does not appear that the office of commissioner of the city of Birrning- ham is an office under this. state.
 "15. It is not ayerred or shown, and 1t does not appear, that the office of commissioner of the city of Birming- ham Is an office under this state. or the United States, or any other gov ernment.
 "l6 If is not averred or shown, and