Farmers Union Warehouse Co. v. McIntosh
Alabama Court of Appeals
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Trover by J. H. McIntosh against Farmers’ Union Warehouse Company. Judgment for plaintiff and defendant appeals.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Trover by J. H. McIntosh against Farmers’ Union Warehouse Company. Judgment for plaintiff and defendant appeals. The act of the legislature provided for this term of the court is unconstitutional because it was not incorporated in the Governor’s call for the special session, and received but fifty-five votes in the house which is composed of 105 members, requiring a vote of seventy for its passage.— Section 36, Constitution 1901. Even if it was constitutionally enacted, it was superseded by. the adoption of the Code of 1907…
1Opinion of the CourtWalker, P. J.
When this case was called for trial in the court below the defendant (appellant here) *409objected to entering upon a trial, on the ground of an absence of authority of law for holding a term of the circuit court of Franklin county at that time, a special term of the court not having been called. The objection was based upon the claim that the act relating to the times of holding the circuit court of that county, approved November 28, 1907 (Loc. Acts, Sp. Sess. 1907, §32), pursuant to which the court was held, is invalid. In support of this objection, it is urged (1) that the act in question was…
2Cases cited7 opinions
- Green v. WellerMississippi Supreme Court · 1856
- State v. McBrideSupreme Court of Missouri · 1836
- Southworth v. Palmyra & Jackson RailroadMichigan Supreme Court · 1851
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
- Warnock v. City of LafayetteSupreme Court of Louisiana · 1849
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- Kay Jewelry Co. v. Board of Registration in OptometryMassachusetts Supreme Judicial Court · 1940
- State Ex Rel. Peterson v. HoppeSupreme Court of Minnesota · 1935
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