Harper v. State
Supreme Court of Alabama
Appeal from the County Court of Shelby. Tried before the Hon. Joi-in S. Leeper. This was a prosecution of the appellant, William S. Harper, for obstructing a public road, and was instituted in the County Court of Shelby county on an affidavit made before H. E. Reynolds, a notary public and ex officio justice of the peace of that county, who also issued the warrant of arrest, returnable into the County Court.
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Appeal from the County Court of Shelby. Tried before the Hon. Joi-in S. Leeper. This was a prosecution of the appellant, William S. Harper, for obstructing a public road, and was instituted in the County Court of Shelby county on an affidavit made before H. E. Reynolds, a notary public and ex officio justice of the peace of that county, who also issued the warrant of arrest, returnable into the County Court. The defendant pleaded to the jurisdiction of the court, on the ground that “said act of the General Assembly of 1894-95, creating and establishing the County Court of Shelby County is…
1Opinion of the CourtHaralson, J.
The question as to the constitutionality of the act of 1895, — Acts 1894-5, p. 1088, — was considered and settled in the case of Harper v. The State, at the present term, ante, p. 28, where it was held that said act was constitutional as to the trial of misdemeanors by said county court.
There is nothing in the point that the affidavit on which the defendant was arrested was made before, and the warrant for his arrest, — returnable to the county court, — was issued by a notary public and ex-officio justice of the peace. Section 3 of said act authorizes prosecutions to be commenced before any…
2Cases cited7 opinions
- Shellhouse v. StateIndiana Supreme Court · 1887
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- Collins v. StateSupreme Court of Alabama · 1859
- Gage & Co. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1887
- McNeil v. StateSupreme Court of Alabama · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- City of Palmetto v. KatschSupreme Court of Florida · 1923
- Turner v. StateSupreme Court of Alabama · 1909
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
- Gosdin v. WilliamsSupreme Court of Alabama · 1907
- Ritter v. HewittSupreme Court of Alabama · 1938
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