Legal Opinion

West v. State

Supreme Court of Alabama

Decided January 22, 1942No. 8 Div. 168PublishedCited by 14 opinions

1Opinion of the Court

GARDNER, Chief Justice.

Section 23, Gen.Acts 1935, p. 632, Code 1940, Tit. 8, § 21, expressly declares that the rules and regulations therein referred to, and mentioned in the opinion of the Court of Appeals, “shall have the force and effect of law”. That means very clearly the force and effect of a general law, a public statute.

“Where an act at the time of its passage is declared * * * to be a public statute, such declaration is equivalent to enacting that it be judicially noticed, for though local in its application, such a clause will establish it as a public statute and place it within the…

2Cases cited4 opinions

  1. Case v. KellySupreme Court of the United States · 1890
  2. Ferguson v. StarkeySupreme Court of Alabama · 1915
  3. Oliver v. StateAlabama Court of Appeals · 1918
  4. Curlee v. StateAlabama Court of Appeals · 1917

3Cited by14 opinions

  1. State v. FriedkinSupreme Court of Alabama · 1943
  2. Elmore v. StateSupreme Court of Alabama · 1977
  3. Sanders v. StateCourt of Criminal Appeals of Alabama · 1974
  4. Ex Parte VizzinaSupreme Court of Alabama · 1988
  5. Huddleston v. Humble Oil & Refining Co.Supreme Court of Alabama · 1954

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