State ex rel. Frederick v. Brodie
Supreme Court of Alabama
Quo Warranto-. Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Robert Frederick, on the relation of the state, filed an information ^against one James Brodie, alleging (fiat fie fiad unlawfully usurped and was unlawfully exercising' the rights and jurisdiction pertaining to the office of justice of the peace in precinct 45,- Jefferson county, Ala.
Read the full summary
Quo Warranto-. Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Robert Frederick, on the relation of the state, filed an information ^against one James Brodie, alleging (fiat fie fiad unlawfully usurped and was unlawfully exercising' the rights and jurisdiction pertaining to the office of justice of the peace in precinct 45,- Jefferson county, Ala. The information further alleges that precinct 45 lies partly within the -city of Ensley, an incorporated town having more than 1,000 inhabitants. The information further sets up that by an act of the Legislature (Act No. 373,…
1Opinion of the CourtHaralson, J.
— We need not follow counsel in all they say touching the unconstitutionality of the act, “To establish an inferior court in precinct 45 in Jefferson county, Alabama, etc., approved October 1, 1903.”—Loc. Acts 1903, p. 698, No. 373. If the act be held to be unconstitutional, on some one or more of the grounds brought forward, it is unnecessary to consider the others.
Section 106 of the Constitution requires that “no special, private or local law shall be passed on any subject so enumerated in section 104 of this Constitution, except in reference to fixing the time of holding courts, unless…
2Cases cited4 opinions
- State ex rel. Attorney General v. BuckleySupreme Court of Alabama · 1875
- Ex parte Howard-Harrison Iron Co.Supreme Court of Alabama · 1898
- Montgomery Beer Bottling Works v. GastonSupreme Court of Alabama · 1899
- Inglis v. SchreinerSupreme Court of New Jersey · 1895
3Cited by5 opinions
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
- Sellers v. StateSupreme Court of Alabama · 1909
- Carnley v. BrunsonSupreme Court of Alabama · 1933
- Ex parte KellySupreme Court of Alabama · 1907
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930