Ex Parte Johnson
Supreme Court of Alabama
Petition by Sallie Johnson for writ of prohibition against Hon. Lum Duke, individually and as Judge of the Lee Circuit Court. Writ denied.
Read the full summary
Petition by Sallie Johnson for writ of prohibition against Hon. Lum Duke, individually and as Judge of the Lee Circuit Court. Writ denied. Petition by Sallie Johnson for a writ of prohibition to be directed to Hon. Lum Duke, individually and as judge of the Lee circuit, to restrain him from holding said court in accordance with the order set out in the petition, and from hearing and determining that certain cause of the State v. Johnson, pending in the circuit court of Lee county. The petition shows that in 1916 Hon. Lum Duke was duly elected judge of the Lee circuit court, which at the time…
1Opinion of the CourtGardner, J.
By this proceeding the parties to this litigation seek to test the constitutionality of an’ act of the Legislature approved September 30, 1919, known as the “Recircuiting Act.”
Due to the fact that the question is one of such great importance to the public and of state-wide interest, we pass for the present the question as to whether or not a proper case is shown for the issuance of the writ of prohibition, and enter at once into a consideration of the several attacks made upon the validity of this act, reserving for the close our conclusion as to the remedy.
Counsel for appellant rest their…
2Cases cited19 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- McCully v. StateTennessee Supreme Court · 1899
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- McCoy v. Jefferson CountySupreme Court of Alabama · 1936
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
- Hulett v. JulianDistrict Court, M.D. Alabama · 1966
- A. Bertolla & Sons v. StateSupreme Court of Alabama · 1945
10 more not listed; retrieve them via the Exa API.