Ex parte Lower
Supreme Court of Alabama
Certiorari to Court of Appeals. Ernest Lower Avas convicted of carrying concealed weapon, and appealed to the Court of Appeals of Alabama Avhere the judgment of conviction Avas affirmed-See Lower v. The State, 3 Ala. App. 122; 57 South. 500. He brings certiorari to review the judgment of the Court of Appeals.
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Certiorari to Court of Appeals. Ernest Lower Avas convicted of carrying concealed weapon, and appealed to the Court of Appeals of Alabama Avhere the judgment of conviction Avas affirmed-See Lower v. The State, 3 Ala. App. 122; 57 South. 500. He brings certiorari to review the judgment of the Court of Appeals. The Act creating the Birmingham Court of Common Pleas was a Local Act, and did not have the notice required by section 106, Constitution 1901, by publication once a week for four successive weeks. — Flood v. Kirven, 113 Wis. 673; Finlayson v. Peterson, 67 N. W. 953; Lyon v. Hunt, 11 Ala.…
1Opinion of the CourtSayre, J.
This case has been brought here by a writ of error to the Court of Appeals. The earnest insistence of the plaintiff in error upon his view of the point at issue renders it proper that we while concurring in the conclusion reached by the Court of Appeals, should add something to what it has had to say on the subject. :
Plaintiff in error insists that the act of April 20, 1911, establishing the Birmingham court of common pleas (Local Acts 1911, p. 371), was not passed in the due observance of section 106 of the Constitution of 1901. The journal of the Senate shows that the bill in question was…
2Cases cited10 opinions
- Early v. DoeSupreme Court of the United States · 1854
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
- Morrow v. WeedSupreme Court of Iowa · 1856
- State ex rel. Little v. LanglieNorth Dakota Supreme Court · 1896
- Finlayson v. PetersonNorth Dakota Supreme Court · 1896
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3Cited by6 opinions
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- Carnley v. MooreSupreme Court of Alabama · 1928
- Myakka Co. v. EdwardsSupreme Court of Florida · 1914
- Norton v. Mobile CountySupreme Court of Alabama · 1990
- In Re Opinions of the JusticesSupreme Court of Alabama · 1939
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