State ex rel. Plock & Co. v. Cobb
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before the Hoñ. John A. Minnis. This cause, or proceeding, was commenced by a petition under oath, filed on the 2d July, 1878, in the name of the State, on the relation of the persons composing the firm of Block & Go., praying for a mandamus to the Hon. Geo.
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Appeal from tbe City Court of Montgomery. Tried before the Hoñ. John A. Minnis. This cause, or proceeding, was commenced by a petition under oath, filed on the 2d July, 1878, in the name of the State, on the relation of the persons composing the firm of Block & Go., praying for a mandamus to the Hon. Geo. S. Houston, then governor, and ex officio commissioner to complete the adjustment and settlement of the State indebtedness growing out of its indorsement of various railroad bonds, under several statutes hereinafter more particularly referred to; commanding him, in the exchange of the new…
1Opinion of the CourtBBiICKELL, C. J.
It is a question not free from difficulty, and embarrassed by a conflict of authority, whether the governor, the head of the executive department of the government of the State, can be controlled by the judicial department, in the performance of duties devolved on him in his official capacity. The government of the State is divided into three distinct and independent departments, and the powers of each “ confided to a separate body of magistracy;” and it is declared that “ no person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to…
2Cases cited5 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
- Birdsall v. . RussellNew York Court of Appeals · 1864
- Commonwealth v. Emigrant Industrial Savings BankMassachusetts Supreme Judicial Court · 1867
3Cited by19 opinions
- McPherrin v. TittleSupreme Court of Oklahoma · 1913
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- State ex rel. Turner v. HendersonSupreme Court of Alabama · 1917
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
- Green v. WilkieSupreme Court of Iowa · 1896
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