State ex rel. Robertson v. McGough
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John B. Tyson. This was a proceeding in the nature of qioo warranto, and was commenced by the filing of an information by the State of Alabama on the relation of W. T. Robertson against the appellee, Thomas D. McGough.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John B. Tyson. This was a proceeding in the nature of qioo warranto, and was commenced by the filing of an information by the State of Alabama on the relation of W. T. Robertson against the appellee, Thomas D. McGough. In this information it was alleged that Thomas D. McGough, a resident citizen of Montgomery county, State of Alabama, was unlawfully holding and exercising the duties of the office of district inspector of oil; that on divers occasions during the month of March, 1897, said McGough had claimed and exercised and…
1Opinion of the CourtHaralson, J.
The Constitution, Art. IV, §38, declares: “No State office shall be continued or created for the inspection or measuring of any merchandise, manufacture or commodity; but any county or municipality may appoint such officers when authorized by law.”
The sole question presented in this case is, whether or not the act, “To provide for the inspection and sale of illuminating oils in the State of Alabama,” adopted February 16, 1897, (Acts of 1896-97, p. 1133), is in con-’ flict with the foregoing constitutional provision.
Under this statute, the State -is1 the source of the inspector’s authority;…
2Cases cited6 opinions
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- People v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1883
- Ex parte Mayor of FlorenceSupreme Court of Alabama · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
- Hornsby v. SessionsSupreme Court of Alabama · 1997
- Johnson v. CraftSupreme Court of Alabama · 1921
- Ross v. City of Long BeachCalifornia Supreme Court · 1944
25 more not listed; retrieve them via the Exa API.