Legal Opinion

Miller v. Berry

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 6 opinions

Appeal from the City Court of Talladega. Heard before the Hon. John W. Bishop. The proceedings in this case were had upon a petition for mandamus addressed to the judge of the city court of Talladega county ; and prayed that a peremptory writ of mandamus be issued to Hon. G. K. Miller, judge of probate of Talladega county, Alabama, to compel him to receive and file as an office paper, and to transmit to the Auditor of the State of Alabama, together with his certificate, that…

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Appeal from the City Court of Talladega. Heard before the Hon. John W. Bishop. The proceedings in this case were had upon a petition for mandamus addressed to the judge of the city court of Talladega county ; and prayed that a peremptory writ of mandamus be issued to Hon. G. K. Miller, judge of probate of Talladega county, Alabama, to compel him to receive and file as an office paper, and to transmit to the Auditor of the State of Alabama, together with his certificate, that he believes the statements therein were entitled to credit, if he does so believe, the petitioner's application for the…

1Opinion of the CourtHead, J.

The act entitled “An act to declare inoperative an act entitled 'an act to change the boundary lines between the counties of Talladega and Clay in this State/ approved January 10, 1877, and to provide for the location of the lines between said counties/’ approved February 9, 1893 (Pamp. Acts 1892-93, p. 343) is violative of so much of section 2 of Art. IV of the Constitution as provides that no law shall be revived, amended, or the provisions thereof extended or conferred by reference to its title only ; but so much thereof as is revived, amended, extended, or conferred shall be re-enacteci…

2Cases cited4 opinions

  1. Rogers v. TorbutSupreme Court of Alabama · 1877
  2. Stewart v. Court of County CommissionersSupreme Court of Alabama · 1886
  3. Bay Shell-Road Co. v. O'DonnellSupreme Court of Alabama · 1888
  4. Stewart v. StateSupreme Court of Alabama · 1893

3Cited by6 opinions

  1. Kimball v. LoughneyWest Virginia Supreme Court · 1912
  2. Hayes v. StateSupreme Court of Alabama · 1930
  3. Rose v. LampleySupreme Court of Alabama · 1906
  4. Rice v. WestcottSupreme Court of Alabama · 1895
  5. Leonard v. LyonsSupreme Court of Alabama · 1920

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