Legal Opinion · Dissent

Hobbie v. Vance

Supreme Court of Alabama

Decided May 2, 1974No. SC 786, 786XPublished

1DissentMaddox, Justice

Admittedly, this is an extremely close case on the question of whether Walker Hobbie is a “liner.” The majority has construed the words “place of residence” in the “liner” statute to mean the actual dwelling. That is certainly one construction, and a reasonable one, to place on those words. I would give the words a broader meaning, and because of this, I express my views in this dissent.

I would permit Hobbie, under the admitted facts, to make the election. The basic question is whether Hobbie is a “resident” of Senate District 26. Section 47 of the 1901 Constitution provides, in part, as…

2Cases cited15 opinions

  1. Ex Parte WeissingerSupreme Court of Alabama · 1945
  2. Hadnott v. AmosDistrict Court, M.D. Alabama · 1970
  3. Sims v. AmosDistrict Court, M.D. Alabama · 1972
  4. Mitchell v. KinneySupreme Court of Alabama · 1942
  5. Shepherd v. SartainSupreme Court of Alabama · 1913

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