Elsberry v. Seay
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in equity. Heard, before the Hon. Thos. M. Arrington. The bill in this case was filed on the 5th September, 1887, by W. E. Elsberry and Alex. Troy, resident citizens, taxpayers, and owners of property in the city and county of Montgomery, in behalf of themselves and other citizens and tax-payers, against the following persons as defendants: “Governor Thomas Seay, Ered.
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Appeal from the City Court of Montgomery, in equity. Heard, before the Hon. Thos. M. Arrington. The bill in this case was filed on the 5th September, 1887, by W. E. Elsberry and Alex. Troy, resident citizens, taxpayers, and owners of property in the city and county of Montgomery, in behalf of themselves and other citizens and tax-payers, against the following persons as defendants: “Governor Thomas Seay, Ered. H. Smith, State treasurer, H. M. Caldwell, Charles Whelan, Thomas G. Jones, Fleming Law, J. M. Potts, F- M. Peterson, Jr., and Solomon Palmer, State superintendent of education,…
1Opinion of the CourtClopton, J.
— The material question presented for decision is the constitutionality of “An act to establish the Alabama University for the colored people, and to provide for its support and government,” passed at the last session of the General Assembly. — Acts 1886-87, p. 198. Importance attaches to the question, because of its relation to the educational interests and enterprises of the State, and of its bearing upon the system of common schools. Its solution depends upon the proper construction of the act and of Article XIII of the present constitution. The article, construed as a whole, is mandatory,…
2Cases cited1 opinion
- Schultes v. EberlySupreme Court of Alabama · 1886
3Cited by19 opinions
- Yanow v. Seven Oaks Park, Inc.Supreme Court of New Jersey · 1953
- Opinion of the JusticesSupreme Court of Alabama · 1956
- Board of Education of Jefferson County v. StateSupreme Court of Alabama · 1930
- Opinion of the JusticesSupreme Court of Alabama · 1993
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
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