Clarke & Daviney v. Jack
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. W. B. Wood. On the 24th January, 1877, an act of tbe legislature was approved by tbe governor, entitled “An act to authorize the people of Franklin county to vote on tbe question of removing the county-seat of said county, and to permanently locate the same,” which contained eight sections, as follows : “ Section 1. Be it enacted,” etc., “That it shall be tbe duty of the sheriff of Franklin county to open an…
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Appeal from the Circuit Court of Franklin. Tried before the Hon. W. B. Wood. On the 24th January, 1877, an act of tbe legislature was approved by tbe governor, entitled “An act to authorize the people of Franklin county to vote on tbe question of removing the county-seat of said county, and to permanently locate the same,” which contained eight sections, as follows : “ Section 1. Be it enacted,” etc., “That it shall be tbe duty of the sheriff of Franklin county to open an hold an election in the several election precincts of said county on the first Saturday in March, 1877, for the purpose of…
1Opinion of the CourtStone, J.
We are asked to pronounce unconstitutional the act “ To authorize the people of Eranklin county to vote on the question of removing the county-seat of said county, and to permanently locate the same,” approved January 24, 1877. — Pamph. Acts, 185. The particular grounds urged in favor of such ruling are — first, that the statute violates section 23 of article TV of the constitution, which ordains, “No special or local law shall be enacted, for the benefit of individuals or corporations, in cases which are or can be provided for by a general law, or where the relief sought can be given by any…
2Cases cited3 opinions
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Marks v. Trustees of Purdue UniversityIndiana Supreme Court · 1871
- Eitel v. StateIndiana Supreme Court · 1870
3Cited by28 opinions
- State v. RogersSupreme Court of Alabama · 1894
- Ex parte DickensSupreme Court of Alabama · 1909
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- Wallace v. Board of Revenue of Jefferson CountySupreme Court of Alabama · 1903
- Parmeter v. BourneWashington Supreme Court · 1894
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