Boatwright v. Mitchell

The sole question presented by this appeal is the constitutionality of 1991 Ala. Acts, Act No. 91-491. That Act became law on July 29, 1991, and modifies certain sections of Title 40, Ala.Code 1975, as they pertain to the duties of the judge of probate of Marshall County. Carl Boatwright, the tax collector of Marshall County, sued for a judgment declaring the Act to violate § 104(15) and § 105 of the Alabama Constitution of 1901. The circuit court held the Act not to violate those provisions and entered a summary judgment for the defendant. We reverse and remand.

*917Section 104 prohibits the…