Owen v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. THIS action was.commenced in tlie Court below, on motion, on a note made to the Bank by the plaintiff in error, for a loan of the notes of the Bank.
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Error to the Circuit Court of Mobile. THIS action was.commenced in tlie Court below, on motion, on a note made to the Bank by the plaintiff in error, for a loan of the notes of the Bank. The pleas interposed in bar of the action, which are very long, and sufficiently described in the opinion of the Court, present two questions; first, the constitutionality of the charter of the Bank in reference to the constitution of the U. States.— Second, the right of the State, to suspend specie payment, on the part of the Bank. Thése pleas being demurred to, the Court below sustained the demurrer, and…
1Opinion of the CourtOrmond, J.
The question presented on this record is, whether the charters of the Bank oí the State of Alabama and its Branches, are not in violation of that portion of the first clause of the tenth section of the Constitution of the United States, which fordids a State to “ emit bills of credit.”
It is admitted by all Courts to be an exceedingly delicate and highly responsible duty to pass upon the constitutionality of an act of the legislature. It is a duty they would willingly avoid, but which, from the structure of our government, with a written organic law, binding on the legislature as the supreme…
2Cases cited5 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Briscoe v. President of the Bank of the CommonwealthSupreme Court of the United States · 1837
- Canter v. American InsuranceSupreme Court of the United States · 1830
3Cited by6 opinions
- Providence Engineering Corp. v. Downey Shipbuilding Corp.Court of Appeals for the Second Circuit · 1923
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1882
- Branch of the Bank of Alabama at Mobile v. CollinsSupreme Court of Alabama · 1844
- Bank of Alabama v. Gibson's Adm'rsSupreme Court of Alabama · 1844
- Hesse v. City of WatertownSouth Dakota Supreme Court · 1930
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