Lyttle, County Judge v. Keith

Opinion of the Court by

Judge Perry

Dismissing.

This action was instituted in the Clay circuit court by the appellee, Taylor Keith, against J. M. Lyttle, judge of the Clay county court, seeking a binding declaration of rights as to the validity of section 43 (the emergency clause) of Houses Bill 156, known as the Local Option Law, enacted into law at the regular 1936 session of the General Assembly.

Said emergency clause of the act (section 43) provides that:

“An emergency is hereby declared to exist, and this Act shall be effective from and after its passage and approval by the Governor.”

The…