Legal Opinion

Southern Railway Co. v. Mitchell

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 14 opinions

Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Ed. B. Almon. This was an action brought by the appellant, the Southern Bailway Company, a corporation, organized under the laws of the State of Virginia, against the ap-pellee, J. J. Mitchell, as an individual, and as Judge of Probate of Lauderdale county; and sought to recover 1113.50, money paid by appellant to said Mitchell as a license tax for operating a toll bridge that spans the Tennesse river between…

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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Ed. B. Almon. This was an action brought by the appellant, the Southern Bailway Company, a corporation, organized under the laws of the State of Virginia, against the ap-pellee, J. J. Mitchell, as an individual, and as Judge of Probate of Lauderdale county; and sought to recover 1113.50, money paid by appellant to said Mitchell as a license tax for operating a toll bridge that spans the Tennesse river between the counties of Colbert and Lau-derdale; it being averred in one of the two counts of the complaint- that said license…

1Opinion of the Court

McCLELLAN, C. J. —

House bill 1247 — legislative session 1900-1901 — was a “General Revenue Rill” within the exception to the requirement of § 2, Art. 4 of the Constitution of 1875 (§45 Const. 1901): “Each law shall contain but one subject, which shall be clearly expressed in its title;” the exception therefrom being “general appropriation bills, general revenue bills, and bills adopting a Code, digest, or revision of statutes.” Being thus excepted, the title which it bore on introduction was no part of the bill. It was competent to embody in the bill any and all provisions for the raising of…

2Cases cited3 opinions

  1. State ex rel. Attorney General v. BuckleySupreme Court of Alabama · 1875
  2. Stein v. LeeperSupreme Court of Alabama · 1885
  3. Hall v. SteeleSupreme Court of Alabama · 1886

3Cited by14 opinions

  1. Dearborn v. JohnsonSupreme Court of Alabama · 1937
  2. Alabama Ed. Ass'n v. BD. OF TRUSTEES, ETC.Supreme Court of Alabama · 1979
  3. Harris v. State Ex Rel. WilliamsSupreme Court of Alabama · 1933
  4. Hood v. City of WheelingWest Virginia Supreme Court · 1920
  5. Houston County Board of Revenue v. PoynerSupreme Court of Alabama · 1938

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