Legal Opinion

State ex rel. Attorney General v. Sayre

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 20 opinions

This was a proceeding in the nature of quo warranto, and Avas commenced by an original petition filed in the Supreme Court.

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This was a proceeding in the nature of quo warranto, and Avas commenced by an original petition filed in the Supreme Court. The petition Avas in words and figures as follows: . “To the Honorable Supreme Court of Alabama: Massey Wilson, Attorney General of Alabama, who, for and in the nanie of said State, in this behalf prosecutes in his own proper person, coinés into.the said Supreme Court at Montgomery, on the 30th day of November, 1904, and for the said State, gives the Court to understand and be informed, as follows, to-wit: (1.) “That the Legislature of Alabama, at the last session…

1Opinion of the Court

HARALSON, J.-

-The purpose of the proceeding is to test the constitutionality of the Act of the Legislature, “To create the Fifteenth Judicial Circuit of the State of Alabama, to be composed of the -counties of Autauga, Chilton, Elmore and Montgomery,” etc. — Acts 1993, p. 488.

Section 108 of the Constitution provides, that “No special, private or local law shall be passed on any subject not enumerated in Section 104 of this Constitution, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefor shall have been published, Avitliout cost to the…

2Cases cited5 opinions

  1. Lehman v. RobinsonSupreme Court of Alabama · 1877
  2. Kerrigan v. . ForceNew York Court of Appeals · 1877
  3. Holt v. Mayor of BirminghamSupreme Court of Alabama · 1895
  4. State ex rel. Robertson v. McGoughSupreme Court of Alabama · 1897
  5. State v. . ChambersSupreme Court of North Carolina · 1885

3Cited by20 opinions

  1. Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
  2. State v. Port of TillamookOregon Supreme Court · 1912
  3. Brandon v. AskewSupreme Court of Alabama · 1911
  4. State Ex Rel. Montgomery v. MerrillSupreme Court of Alabama · 1928
  5. Schubel v. OlcottOregon Supreme Court · 1912

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