Legal Opinion

Hudgens v. State

Alabama Court of Appeals

Decided August 1, 1916PublishedCited by 8 opinions

Appeal from Crenshaw Probate Court. Heard before Hon. F. M. T. Tankersly. Thomas Hudgens, being arrested on warrants charging violation of Loe; Acts 1915, p'. 85, petitioned the probate court for writ of habeas corpus, and from the judgment denying the petition, he appeals.

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Appeal from Crenshaw Probate Court. Heard before Hon. F. M. T. Tankersly. Thomas Hudgens, being arrested on warrants charging violation of Loe; Acts 1915, p'. 85, petitioned the probate court for writ of habeas corpus, and from the judgment denying the petition, he appeals. The Court of Appeals, being of the opinion that an act, entitled “An act to provide for the more efficient working of the public roads of Crenshaw county,” etc., approved September 22, 1915 (Local Acts 1915, p. 403 et seq.), is invalid as not having been passed according to constitutional requirements, does, pur suant to…

1Opinion of the Court

PER CURIAM RESPONSE OF THE SUPREME COURT.

This courst is of the opinion that the notice given as to the proposed bill first enacted became functus officio upon the enactment of said bill. Therefore the said notice and proof of the publication of same, before the passage of said first local law, could not be used to obviate the necessity for complying with sections 106 and 107 of the Constitution of 1901, as to the required publication and proof of the notice essential to the validity of the second enactment. We hold that publication and proof of the notice as to the proof as to the first…

2Cases cited9 opinions

  1. Kennamer v. StateSupreme Court of Alabama · 1907
  2. Christian v. StateSupreme Court of Alabama · 1911
  3. Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
  4. Alabama Interstate Power Co. v. Mt. Vernon-Woodberry Cotton Duck Co.Supreme Court of Alabama · 1913
  5. State ex rel. Van Deusen v. WilliamsSupreme Court of Alabama · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Carnley v. BrunsonSupreme Court of Alabama · 1933
  2. Windham v. StateAlabama Court of Appeals · 1918
  3. Ex Parte BowdoinAlabama Court of Appeals · 1932
  4. State v. StrawbridgeAlabama Court of Appeals · 1917
  5. Womack v. StateAlabama Court of Appeals · 1918

3 more not listed; retrieve them via the Exa API.

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