Legal Opinion

State Ex Rel. Smith v. McCord

Supreme Court of Alabama

Decided June 26, 1919No. 3 Div. 412PublishedCited by 16 opinions

Petition by the State of Alabama, on the relation of J. Q. Smith, Attorney General, for writ of prohibition or other remedial writ directed to Hon. Leon McCord, as Judge of the Circuit Court of Montgomery County, requiring him to vacate an order overruling petitioner’s motion to strike certain interrogatories propounded to the State of Alabama by the defendant in the case of State of Alabama v. Maryland Casualty Company.

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Petition by the State of Alabama, on the relation of J. Q. Smith, Attorney General, for writ of prohibition or other remedial writ directed to Hon. Leon McCord, as Judge of the Circuit Court of Montgomery County, requiring him to vacate an order overruling petitioner’s motion to strike certain interrogatories propounded to the State of Alabama by the defendant in the case of State of Alabama v. Maryland Casualty Company. Petition alleges: That December 31, 1918, the state of Alabama instituted in the circuit court of Montgomery county a suit against the Maryland Casualty Company to recover a…

1Opinion of the CourtAnderson, C. J.

[1,2] It is true that section 4049 of the Code of 1907 authorizes either party to a civil suit to propound interrogatories to the other party, but said statute does not specifically name or include the state, nor is it made applicable thereto by any other provision of the Code. As a general rule of statutory construction, without any express legislative declaration, general words in a statute do-not apply to the state, nor affect its rights, unless an intention to the contrary appears. Ex parte McDonald, 76 Ala. 603; State v. Allen, 71 Ala. 543; State ex rel. Lott v. Brewer, 64 Ala. 287.…

2Cases cited3 opinions

  1. State ex rel. Lott v. BrewerSupreme Court of Alabama · 1879
  2. Ex parte MacdonaldSupreme Court of Alabama · 1884
  3. State ex rel. Montgomery County v. AllenSupreme Court of Alabama · 1882

3Cited by16 opinions

  1. People v. EnlowSupreme Court of Colorado · 1957
  2. County Board of Education v. State Ex Rel. CarmichaelSupreme Court of Alabama · 1939
  3. City of Prichard v. HawkinsSupreme Court of Alabama · 1951
  4. LOUISVILLE & NASHVILLE RAILROAD COMPANY v. StateSupreme Court of Alabama · 1963
  5. Ex Parte Loveman, Joseph & LoebSupreme Court of Alabama · 1941

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