Legal Opinion

Almon v. Court of County Revenue

Supreme Court of Alabama

Decided January 21, 1913PublishedCited by 2 opinions

Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speaks. Petition by T. F. Almon and others against the Court of Revenues of Lawrence county to prohibit the County Court of Revenue from ordering an election, and from appointing officers to hold such election in said county, and to revoke and set aside an order calling said election to determine whether or not stock should be allowed to run at large in said county. Petition denied, and petitioners appeal.

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Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speaks. Petition by T. F. Almon and others against the Court of Revenues of Lawrence county to prohibit the County Court of Revenue from ordering an election, and from appointing officers to hold such election in said county, and to revoke and set aside an order calling said election to determine whether or not stock should be allowed to run at large in said county. Petition denied, and petitioners appeal. The petition alleges, in effect, that petitioners are resident citizens and taxpayers of Lawrence county, over the age of 21…

1Opinion of the CourtAnderson, J.

The present stock law (article 1, c. 139, of the Code of 1907) is a practical codification of the' general act of 1903, p. 431, and operates as a repeal of all local laws in so far as they are in conflict with same, but leaves said local laws in full force in so far as they deal with any features not covered or provided for in said general law.1 — Blount County v. Johnson, 145 Ala. 553, 39 South. 910; Phillips v. Bynum, 145 Ala. 549, 39 South. 910.

Section 5881 authorizes the commissioners’ court to direct and supervise the holding of. an election, through*665out the entire county, for the…

2Cases cited3 opinions

  1. Commissioner's Court of Blount County v. JohnsonSupreme Court of Alabama · 1906
  2. McKinney v. Commissioner's CourtSupreme Court of Alabama · 1909
  3. Phillips v. BynumSupreme Court of Alabama · 1906

3Cited by2 opinions

  1. McLaughlin v. HardwickAlabama Court of Appeals · 1915
  2. State Ex Rel. Potts v. Ct., Com'rs., Lauderdale Cty.Supreme Court of Alabama · 1923

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