Legal Opinion · Dissent

Johnson v. Craft

Supreme Court of Alabama

Decided February 3, 1921No. 3 Div. 501Published

Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by A. M. Johnson, Jr., against John Craft and others constituting the Alabama State Highway Commission, to enjoin the issuance of the good roads bonds. From a decree overruling demurrers to the bill, ,.pomXJlainant appeals'. Statement of the Case.

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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by A. M. Johnson, Jr., against John Craft and others constituting the Alabama State Highway Commission, to enjoin the issuance of the good roads bonds. From a decree overruling demurrers to the bill, ,.pomXJlainant appeals'. Statement of the Case. This bill, filed by a citizen of Montgomery county, a taxpayer and automobile owner, seeks injunctive relief to restrain the State Highway Commission and its members and agents from observing and giving effect to what is commonly called and known as the road bond amendment to…

1Dissent

The views of the minority have been very ably presented in the opinion of Justices SOMERVILLE and THOMAS, in which I fully concur, and while an additional opinion might appear superfluous, I have thought it not inappropriate, in view of the importance of the question presented as a precedent for the future, and the serious consequences following the decision, to state very briefly some few observations of my own which have been made more clear by the exhaustive brief of counsel for appellee upon application for rehearing, and make reference to a point first presented upon this application,…

2Cases cited9 opinions

  1. Borman v. StateSupreme Court of Alabama · 1859
  2. Collier v. FriersonSupreme Court of Alabama · 1854
  3. Realty Investment Co. v. City of MobileSupreme Court of Alabama · 1913
  4. Miller v. JohnsonCourt of Appeals of Kentucky · 1892
  5. Ex parte City of BirminghamSupreme Court of Alabama · 1917

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