Ex Parte Board of School Com'rs of Mobile County

Petitioner insists that the opinion of the Court of Appeals answers its argument against liability as garnishee only in part — that relating to the statute (section 8092, Code 1923), which is not here questioned, under the cited authority of Shepherd v. Jones, 228 Ala. 307, 153 So. 223.

But it is argued that petitioner comes within the protection of section 14 of the Constitution of 1901, which reads: "That the State of Alabama shall never be made a defendant in any court of law or equity." While the board of school commissioners of Mobile County was established by local legislation in 1826,…