Hooton v. Mellon
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Heard before the Hon. John Pelham. The proceedings in this case were had upon a petition filed by the appellant, J. W. Hooten, addressed to the judge of the circuit court of Clay county, praying that a writ of mandamus be issued to R. W. Mellon, as cleric of the county court of Clay county, commanding him to file the summons and complaint in said county court.
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Appeal from the Circuit Court of Clay. Heard before the Hon. John Pelham. The proceedings in this case were had upon a petition filed by the appellant, J. W. Hooten, addressed to the judge of the circuit court of Clay county, praying that a writ of mandamus be issued to R. W. Mellon, as cleric of the county court of Clay county, commanding him to file the summons and complaint in said county court. Tlie facts disclosed were as follows: By an act of the legislature of 1903, entitled “An act to repeal an act entitled ‘An act to establish a county court for the county of Clay,’ approved December…
1Opinion of the CourtMoCLELLAN, C. J.
We are of opinion that the act of September 18, 1903, the purpose of which was to repeal an act establishing a county court in Clay county of law and equity jurisdiction, and several other acts relating to said county court, was not constitutionally enacted for that the notice of intention to apply therefor did not state the substance of the bill which was introduced and nominally passed by the legislature. Some of the judges are of opinnon that the statement in the notice of the purpose to provide in said act for the transfer of cases pending in said county court “to another court of…
2Cited by5 opinions
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