Legal Opinion

Perry County v. Selma, Marion & Memphis Railroad

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 97 opinions

Appeal from the Chancery Court of Perry. Heard before the Hon. Charles Turner. This case was decided upon demurrers to a petition which averred in substance as follows : That in'the year 1869, the president and secretary of said company, in accordance with the provisions of section 24 of the [Revenue Law of Alabama, approved December 31st, 1868, made and returned to tbe auditor of tbe State of Alabama, a statement, as required by said section, that said company had 20J-…

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Appeal from the Chancery Court of Perry. Heard before the Hon. Charles Turner. This case was decided upon demurrers to a petition which averred in substance as follows : That in'the year 1869, the president and secretary of said company, in accordance with the provisions of section 24 of the [Revenue Law of Alabama, approved December 31st, 1868, made and returned to tbe auditor of tbe State of Alabama, a statement, as required by said section, that said company had 20J- miles of main and side track in said county, tbe total value of which was $184,500, and also, a statement of rolling stock,…

1Opinion of the CourtStone, J.

Section 15 of article 4 of the Constitution of 1868, ordains “that all bills for raising revenue shall originate in the house of representatives, but the senate may amend or reject them as other bills.” Substantially the same provision is found in all our constitutions, from that of 1819 to the last one in 1875. It has been suggested that this is a mere rule for the legislature, a disregard of which does not invalidate the law. It is known to the profession that this rule was adopted from the British constitution; and that it was engrafted thereon, because the House of Commons, in their…

2Cases cited4 opinions

  1. Ex parte RandolphU.S. Circuit Court for the District of Virginia · 1833
  2. State ex rel. Attorney General v. BuckleySupreme Court of Alabama · 1875
  3. Mayor of Mobile v. BaldwinSupreme Court of Alabama · 1876
  4. State ex rel. K. C., St. J. & C. B. R. R. v. SeveranceSupreme Court of Missouri · 1874

3Cited by97 opinions

  1. Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
  2. Beeland Wholesale Co. v. KaufmanSupreme Court of Alabama · 1937
  3. Johnson v. CraftSupreme Court of Alabama · 1921
  4. Coleman v. Town of EutawSupreme Court of Alabama · 1908
  5. Gunter v. TownsendSupreme Court of Alabama · 1918

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