Legal Opinion · Concurrence

Redtop Market, Inc. Ex Rel. Bolton v. State Ex Rel. Green

Supreme Court of Alabama

Decided December 30, 2010No. 1060855Published

1ConcurrenceMurdock, Justice

In Tyson v. Macon County Greyhound Park, Inc., 43 So.3d 587 (Ala.2010), this Court held that a circuit court exercising its civil jurisdiction did not have subject-matter jurisdiction over an action seeking to restrain the enforcement of this State’s criminal laws. Among other things, this Court supported its holding with the following observations:

“The general rule is that a court may not interfere with the enforcement of criminal laws through a civil action; instead, the party aggrieved by such enforcement shall make his case in the prosecution of the criminal action:
“ ‘It is a plain…

2Cases cited16 opinions

  1. Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
  2. Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
  3. Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
  4. Walker v. City of BirminghamSupreme Court of Alabama · 1927
  5. Bryan v. Mayor of BirminghamSupreme Court of Alabama · 1908

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