Cooper v. Rollins
Supreme Court of Georgia
Petition for injunction. Before Judge Pendleton. Fulton superior court. December 23, 1920. Plaintiffs filed their equitable petition on their behalf and on behalf of all other persons similarly situated, seeking to have the “ barber act ” and its administration declared to be unconstitutional. The plaintiffs are residents of Georgia. The suit is brought against E. E. Eollins, L. E. Cooper, and W. H. Bedgood as members of the State Board of Barber Examiners.
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Petition for injunction. Before Judge Pendleton. Fulton superior court. December 23, 1920. Plaintiffs filed their equitable petition on their behalf and on behalf of all other persons similarly situated, seeking to have the “ barber act ” and its administration declared to be unconstitutional. The plaintiffs are residents of Georgia. The suit is brought against E. E. Eollins, L. E. Cooper, and W. H. Bedgood as members of the State Board of Barber Examiners. Bedgood was stricken as a defendant, and B. E. Archer was substituted in his place as a member of said board. Plaintiffs alleged that the…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. Every presumption will be made in favor of the constitutionality. of an act of the legislature. Allison v. Thomas, 44 Ga. 649. Before an act of the legislature will be declared unconstitutional, the conflict between the act and the fundamental law must be clear and palpable. Wellborn v. Estes, 70 Ga. 390. A State statute will not be set aside by the courts in a doubtful case. Macon & Western R. Co. v. Davis, 13 Ga. 68, 83. These elementary principles do not require any elucidation. They have become firmly imbedded in the constitutional law of the State,…
2Cases cited25 opinions
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Barbier v. ConnollySupreme Court of the United States · 1884
- Hendrick v. MarylandSupreme Court of the United States · 1915
- Gundling v. ChicagoSupreme Court of the United States · 1900
- New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
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3Cited by71 opinions
- State ex rel. Buford v. DanielSupreme Court of Florida · 1924
- Wallace v. WallaceSupreme Court of Georgia · 1969
- McLennan v. AldredgeSupreme Court of Georgia · 1968
- In the Interest of M. A. C.Supreme Court of Georgia · 1979
- Lamons v. YarbroughSupreme Court of Georgia · 1949
66 more not listed; retrieve them via the Exa API.