Collier v. Frierson
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. George D, Shortridge. This was an action of covenant, in the name of Henry W. Collier, Governor of the State of Alabama, against Samuel G. Frierson and his sureties on his official bond as State Treasurer ; the declaration assigning seven separate breaches. The defendants craved oyer of the bond, and demurred to the whole declaration, and to each breach separately, “in short by consent.”
Read the full summary
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. George D, Shortridge. This was an action of covenant, in the name of Henry W. Collier, Governor of the State of Alabama, against Samuel G. Frierson and his sureties on his official bond as State Treasurer ; the declaration assigning seven separate breaches. The defendants craved oyer of the bond, and demurred to the whole declaration, and to each breach separately, “in short by consent.” The court sustained the demurrer, and its judgment is now assigned for error. The facts necessary to an understanding of the points presented…
1Opinion of the CourtGoldthwaite, J.
The twenty-third section of the fourth article of the constitution, as it was originally adopted by the people in convention, is in these words: “A State Treasurer and a Comptroller of Public Accounts shall be annually elected, by the joint vote of both Houses of the General Assembly.”— The main question in the case before us, is, whether this section has been changed.
The constitution can be amended in but two ways : either by the people, who originally framed it, or in the mode prescribed by the instrument itself. If the last mode is pursued, the amendments must be proposed by two thirds of…
2Cited by64 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Ellingham v. DyeIndiana Supreme Court · 1912
59 more not listed; retrieve them via the Exa API.