Hooper v. State Ex Rel. Fox
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Quo warranto proceeding by the State, on the relation of W. L. Fox, against A. B. Hooper, Jr. From a decree holding him ineligible to hold the office of jury commissioner, he appeals. The case is not on all fours with that of Johnson v. Craft, 205 Ala. 386, 87 South. 375, but in this case the Legislature did appoint a day for the election.
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Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Quo warranto proceeding by the State, on the relation of W. L. Fox, against A. B. Hooper, Jr. From a decree holding him ineligible to hold the office of jury commissioner, he appeals. The case is not on all fours with that of Johnson v. Craft, 205 Ala. 386, 87 South. 375, but in this case the Legislature did appoint a day for the election. Section 2S4, Const. 1901, and sections 2 and 3 of the act opposing the amendment. The same word, used more than once in the same section, is used each time with the same meaning. 89 Ala.…
1Dissent
The result of the decision of the court in this case is to strike down what is known as the Soldiers and Sailors Poll Tax Amendment, and the conclusion is rested upon the holding of the majority in Johnson v. Craft, 205 Ala. 386. 87 So. 375, in reference to the Road Bond Amendment. From the holding in the latter case the writer dissented, with expression of his views in a separate opinion — to which he still adheres — and while recognizing the binding force of previous rulings of the court, yet he is unable to agree to an affirmance of the instant case upon that authority for reasons to be…
2Cases cited8 opinions
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- Collier v. FriersonSupreme Court of Alabama · 1854
- Johnson v. CraftSupreme Court of Alabama · 1921
- Miller v. JohnsonCourt of Appeals of Kentucky · 1892
- Secombe v. KittelsonSupreme Court of Minnesota · 1882
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