Lovejoy v. City of Montgomery
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. T. E. Lovejoy was convicted of violating a municipal ordinance of the city of Montgomery, prohibiting engaging in the business of banking without first obtaining a license therefor, and he appealed to the Court of Appeals, which court certified to the Supreme Court the question whether section 6, Acts 1911, p. 54 is constitutional.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. T. E. Lovejoy was convicted of violating a municipal ordinance of the city of Montgomery, prohibiting engaging in the business of banking without first obtaining a license therefor, and he appealed to the Court of Appeals, which court certified to the Supreme Court the question whether section 6, Acts 1911, p. 54 is constitutional. The presumption always is that an act of the Legislature is constitutional and the burden is on the person asserting it to clearly demonstrate its invalidity. — A. G. 8. v. Beeves, 124 Ala. 252.…
1Opinion of the Court
de GRAFFENRIED, J.
The Court of Appeals, in this case, under the provisions of the statute (act approved April 18, 1911, Acts 1911, p. 449, § 1), submits to this court the question as to whether section 6 of the act “to create a banking department of the state *475of Alabama and through this department to regulate, examine and supervise banks and banking, and to punish certain prohibited acts relating thereto,” approved March 2, 1911 (Acts of Alabama, 1911, pp. 50, 54), is void because of the provisions of section 45 of the Constitution of the state of Alabama.
To the consideration of this single…
2Cases cited10 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Davis v. StateSupreme Court of Alabama · 1880
- State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
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3Cited by29 opinions
- Bagby Elevator and Electric Company, Inc. v. McBrideSupreme Court of Alabama · 1974
- State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
- Jefferson County v. BusbySupreme Court of Alabama · 1933
- Ex parte BozemanSupreme Court of Alabama · 1913
- Dixon v. StateAlabama Court of Appeals · 1936
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