Jones v. Black
Supreme Court of Alabama
Appeal from the Chancery Court of Bullock. Heard before Hon. B. B. McCraw. On the 27th day of January, 1872, the general assembly of Alabama passed “ An act to establish a criminal court for the county of Bullock, with criminal and civil jurisdiction.”
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Appeal from the Chancery Court of Bullock. Heard before Hon. B. B. McCraw. On the 27th day of January, 1872, the general assembly of Alabama passed “ An act to establish a criminal court for the county of Bullock, with criminal and civil jurisdiction.” This act provides, among other things, that an election for judge of said court should be held by the sheriff on the first Tuesday after the first Monday in June, 1872, in the same manner that elections are held for, judges of the circuit court. The manner in which the election shall be conducted, or the law under which it was to be held, were…
1Opinion of the CourtPeck, C. J.
The power of the courts to declare an act of the legislature unconstitutional and void, is too well established at the present day to be doubted; but it is a highly responsible and delicate power, and never to be exercised, unless the exigencies of the particular case require it. While the courts can not, and ought not to shun or avoid the discussion of constitutional questions, when fairly presented, they will not, and should not, go out of their way to find such topics. They will not seek to draw in such weighty matters on trivial occasions; neither will they, as a general rule, pass upon a…
2Cases cited5 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Borman v. StateSupreme Court of Alabama · 1859
- State v. Mayor of MobileSupreme Court of Alabama · 1837
- Dejarnett v. HaynesMississippi Supreme Court · 1852
- Mayor of Columbus v. RodgersSupreme Court of Alabama · 1846
3Cited by50 opinions
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Threadgill v. Cross, Secretary of StateSupreme Court of Oklahoma · 1910
- State ex rel. Atlantic Coast Line Railroad v. Board of EqualizersSupreme Court of Florida · 1922
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- Smith v. PottsSupreme Court of Alabama · 1974
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