Legal Opinion

State ex rel. Brown v. Porter

Supreme Court of Alabama

Decided November 29, 1905PublishedCited by 18 opinions

Appeal from Cleburne Circuit Court. Heard before Hon. John Pelham. This was an action in the nature of prohibition or quo warranto by Brown on the relation of the state of Ala,bama- against Porter and others seeking to test the authority of Porter, et ah, as commissioners under appointment of the Governor, to hold an election to determine whether or not the county site of Cleburne county should be moved from Edwardsville to Heflin in said county.

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Appeal from Cleburne Circuit Court. Heard before Hon. John Pelham. This was an action in the nature of prohibition or quo warranto by Brown on the relation of the state of Ala,bama- against Porter and others seeking to test the authority of Porter, et ah, as commissioners under appointment of the Governor, to hold an election to determine whether or not the county site of Cleburne county should be moved from Edwardsville to Heflin in said county. The court below denied the petition and declared respondents duly appointed commissioners and petitioners appeal. ■ — -The bill providing for the…

1Opinion of the CourtAnderson, J.

The appellants contend that the act under which the appellees, the respondents in the lower *545court, were appointed (Gen. Acts 1903, p. 117), was not constitutionally adopted, it being a senate bill and being.amended in the house, and that while the amendment adopted by the house, together with the names of those voting for and against it, were entered at length on the journal of the house that section 64 of the constitution of 1901 requires that the amendment, together with the names of the members voting for and against the concurrence in the amendment, should be recorded at length on the…

2Cases cited2 opinions

  1. State ex rel. Covington v. ThompsonSupreme Court of Alabama · 1904
  2. Board of Revenue v. CrowSupreme Court of Alabama · 1904

3Cited by18 opinions

  1. State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
  2. State ex rel. Crenshaw v. JosephSupreme Court of Alabama · 1911
  3. State ex rel. Collman v. PittsSupreme Court of Alabama · 1909
  4. Jackson v. StateSupreme Court of Alabama · 1911
  5. State Docks Commission v. State Ex Rel. JonesSupreme Court of Alabama · 1933

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