City Bank & Trust Co. v. State ex rel. Langan
Supreme Court of Alabama
Mandamus. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bmrnet. Petition by David D. Langan against the City Bank & Trust Company for a peremptory writ of mandamus to compel such depository to pay petitioner $.500, the semiannual installment of his salary as city tax collector. Prom an order granting the petition, respondent appeals.
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Mandamus. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bmrnet. Petition by David D. Langan against the City Bank & Trust Company for a peremptory writ of mandamus to compel such depository to pay petitioner $.500, the semiannual installment of his salary as city tax collector. Prom an order granting the petition, respondent appeals. The case made by the petition is : That the relator has been tax collector of the city of Mobile since March 5, 1906, and is and was such tax collector at the time of filing the petition, and as such has performed all the duties enjoined upon…
1Opinion of the CourtMcCLELLAN, J.
In application of a pertinent phase of section 105 of the Constitution of 1901 it has been accepted here that a test of the exemption of a local, private, or special law from the condemnation of the section, because provision has already been made therefor by a general lane, is whether the proceeding or action contemplated by the local, private, or special law might have been, in substance and not in respect of detail merely, taken or had under the general law. If so, the local, private, or special act violates the section (105) and is void. — Brandon v. Askew, infra, 54 South. 605; City of…
2Cases cited8 opinions
- Mobile v. WatsonSupreme Court of the United States · 1886
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
- Brandon v. AskewSupreme Court of Alabama · 1911
- Norwood v. GoldsmithSupreme Court of Alabama · 1910
- City Council v. ReeseSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Dunn v. DeanSupreme Court of Alabama · 1916
- Hall v. UnderwoodSupreme Court of Alabama · 1953
- State Ex Rel. Day v. BowlesSupreme Court of Alabama · 1928
- Talley v. WebsterSupreme Court of Alabama · 1932
4 more not listed; retrieve them via the Exa API.