Ferguson v. Commissioners' Court
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Certiorari by Robert L. Ferguson to review an order of the Commissioner’s Court of Jackson county putting in force the initiative work of cattle tick eradication in said county. From an order of the circuit court dismissing the petition, petitioner appeals.
Read the full summary
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Certiorari by Robert L. Ferguson to review an order of the Commissioner’s Court of Jackson county putting in force the initiative work of cattle tick eradication in said county. From an order of the circuit court dismissing the petition, petitioner appeals. All material facts alleged in the petition and not denied must be taken as true.—6 Cyc. 790. If it be assumed that the act of August 26, 1909, became a valid law, it did not repeal directly or by implication the Act of August 20, 1909.— City Council v. B. & L. Assn., 108…
1Opinion of the CourtGardner, J.
By this proceeding we are invited to review the act of the Legislature approved August 26, 1909 (Acts Sp. Sess. 1909, p. 187), which purports in its body to amend the act establishing a state live stock sanitary board, approved March 12, 1907 (Acts 1907, p. 413). This last-mentioned act, found in our Code (section 757 et seq.), was under review by the Court of Appeals in the case of the State v. McCarty, 5 Ala. App. 212, 59 South. 543, where its constitutionality was upheld.
The constitutionality of the act approved August 26, 1909, is here attacked, but, under the well-known rule of this…
2Cases cited11 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
- Ex parte CowertSupreme Court of Alabama · 1890
- Coleman v. Town of EutawSupreme Court of Alabama · 1908
- Miller v. JonesSupreme Court of Alabama · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Ellard v. StateCourt of Criminal Appeals of Alabama · 1984
- Mills v. Court of Com'rsSupreme Court of Alabama · 1920
- Cassell v. StateCourt of Criminal Appeals of Alabama · 1975
- Boyd v. GarrisonSupreme Court of Alabama · 1944
- Ferguson v. StarkeySupreme Court of Alabama · 1915
25 more not listed; retrieve them via the Exa API.