Leonard v. Lyons
Supreme Court of Alabama
Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Petition by J. M. Lyons for mandamus to J. M. Leonard, Jr., as Chairman of the Democratic Executive Committee, for mandamus to compel him to certify petitioner’s name to the proper authorities as the nominee of the Democratic party for commissioner in district No. 1. Prom decree awarding the writ respondent appeals. The title and subject of the act is misleading ,and not clearly expressed in the title.
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Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Petition by J. M. Lyons for mandamus to J. M. Leonard, Jr., as Chairman of the Democratic Executive Committee, for mandamus to compel him to certify petitioner’s name to the proper authorities as the nominee of the Democratic party for commissioner in district No. 1. Prom decree awarding the writ respondent appeals. The title and subject of the act is misleading ,and not clearly expressed in the title. Section 45, Const. 1901; 117 Ala. 485, 23 South. 71; 160 Ala. 114, 49 South. 809; 120 Ala". 156, 24 South. 176, 42 L. R. A. 783;…
1DissentThomas, J.
This is a proceeding by mandamus seeking to compel the chairman cif the Democratic executive committee of Shelby county to certify the name of petitioner to the probate judge of said county as the nominee to the office of board of revenue from district No. 1. The respondent made answer, the substance of which was that an act of the Legislature of 1919 (Local Acts, pp. 115, 116) is unconstitutional and void because of its provisions regarding the districts of the county, and that the same is a local act of which no sufficient notice was published as required by section 106 of the Constitution.…
2Cases cited31 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Ex parte PollardSupreme Court of Alabama · 1866
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
- Williams v. SchwarzSupreme Court of Alabama · 1916
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