Weight v. Cunningham
Tennessee Supreme Court
FROM RHEA. Appeal from the Circuit Court of Rhea County. — Joseph C. Higgins, Judge. MR. Justice Neil made a statement of the case as follows: This action was brought to recover only a small sum of money, $2.50, the amount of damages claimed by the defendant for the keep of certain hogs which trespassed upon the land of the defendant; but it involves the constitutionality of an amendment to an act of the legislature, presently to be mentioned, of a very important character.
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FROM RHEA. Appeal from the Circuit Court of Rhea County. — Joseph C. Higgins, Judge. MR. Justice Neil made a statement of the case as follows: This action was brought to recover only a small sum of money, $2.50, the amount of damages claimed by the defendant for the keep of certain hogs which trespassed upon the land of the defendant; but it involves the constitutionality of an amendment to an act of the legislature, presently to be mentioned, of a very important character. The circuit judge held the amendment inoperative, and therefore decided the case against the plaintiff below, and he has…
1Opinion of the CourtJustice Neil
1. It is insisted for the defendant that the expression “this act,” appearing in the act of 1905, applies to that act itself, with the result that the effect of the amendment is made to depend upon the vote of such counties as may .adopt it. This is an incorrect view. The expression quoted has reference to the act as amended.
2. It is insisted that the amendment is fatally obscure because, it contains the following sentence: “The ticket shall provide for those favoring the small stock law, ‘for the small stock law’ and those ‘against said *453law.’ Evidently there was an omission between the words…
2Cases cited23 opinions
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- Morford v. UngerSupreme Court of Iowa · 1859
- Barto v. . HimrodNew York Court of Appeals · 1853
- Grainger County v. State ex rel. MynattTennessee Supreme Court · 1903
- Myar v. MitchellSupreme Court of Arkansas · 1904
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3Cited by64 opinions
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