Leonard v. Lyons
Supreme Court of Alabama
Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Petition by J. M. Lyons for mandamus to J. M. Leonard, Jr., as Chairman of the Democratic Executive Committee, for mandamus to compel him to certify petitioner’s name to the proper authorities as the nominee of the Democratic party for commissioner in district No. 1. Prom decree awarding the writ respondent appeals. The title and subject of the act is misleading ,and not clearly expressed in the title.
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Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Petition by J. M. Lyons for mandamus to J. M. Leonard, Jr., as Chairman of the Democratic Executive Committee, for mandamus to compel him to certify petitioner’s name to the proper authorities as the nominee of the Democratic party for commissioner in district No. 1. Prom decree awarding the writ respondent appeals. The title and subject of the act is misleading ,and not clearly expressed in the title. Section 45, Const. 1901; 117 Ala. 485, 23 South. 71; 160 Ala. 114, 49 South. 809; 120 Ala". 156, 24 South. 176, 42 L. R. A. 783;…
1Per curiam
[1] The majority of the court, composed of ANDERSON, C. ,J., MCCLELLAN, SAYRE, SOMERVILLE, GARDNER, and BROWN, JJ., are of the opinion that the notice of the intention to apply for the passage of the act was a sufficient compliance with section 106 of the Constitution. The fact that it purported to make the commissioners of the county elective did not render the same insufficient, because the act makes some of the members elective from districts instead of from the county at large.
[2] Nor do we think that the act violates ' section 45 of the Constitution by attempting to amend or revive the…
2Cases cited3 opinions
- State v. RogersSupreme Court of Alabama · 1894
- Cobb v. VarySupreme Court of Alabama · 1897
- Hasty v. Marengo County BankSupreme Court of Alabama · 1920
3Cited by15 opinions
- State Ex Rel. Wilkinson v. AllenSupreme Court of Alabama · 1929
- First Nat. Bank v. SmithSupreme Court of Alabama · 1928
- Gray v. JohnsonSupreme Court of Alabama · 1938
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- McCreless v. Tennessee Valley BankSupreme Court of Alabama · 1922
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