Dale v. Governor
Supreme Court of Alabama
This case brought up for revision, a judgment of the Circuit Court of the county of Monroe, rendered against the plaintiff below, who is also plaintiff in error, at October term, 1S28. From the record, it appears that the first process in the cause was a writ of capias ad responden-dum, issued by the clerk of said Circuit Court against ‘•'John Murphy, Governor of the State of Alabama,” by which he was required “to answer to the plaintiff in a plea that he render unto him the…
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This case brought up for revision, a judgment of the Circuit Court of the county of Monroe, rendered against the plaintiff below, who is also plaintiff in error, at October term, 1S28. From the record, it appears that the first process in the cause was a writ of capias ad responden-dum, issued by the clerk of said Circuit Court against ‘•'John Murphy, Governor of the State of Alabama,” by which he was required “to answer to the plaintiff in a plea that he render unto him the sum of,” &c. “which is due him by the State of Alabama, and unjustly detained from to his damage, &c.” The indorsement…
1Opinion of the Court
By JUDGE TAYLOR.
Seve2'al points have been made by the counsel for the plaintiff in this case, but as my opinion on one of them, disposes of the case, so far as I am concerned, I shall notice only that one. It is the second in the order in which they were made, and is as follows, viz: “the act of the general assembly of 1821 was a contract, which that body had a right to create, and the act which repealed it, was unconstitutional and void.”
It is of the utmost importance that we should come to a correct conclusion, as regards the nature of this act. If indeed it be a contract, there cannot be a…
2Cited by19 opinions
- Rector, &C., of Christ Church, Phila. v. Cty. of Phila.Supreme Court of the United States · 1861
- Cohen v. WrightCalifornia Supreme Court · 1863
- East Saginaw Manufacturing Co. v. City of East SaginawMichigan Supreme Court · 1869
- People ex rel. Thorne v. HaysCalifornia Supreme Court · 1854
- Chapman & Co. v. JohnsonSupreme Court of Alabama · 1904
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