Legal Opinion

Walker v. Griffith

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 23 opinions

Appeal from the Circuit Court of Blount. Tried before the Hon. Louis Wyeth. This action was brought by Artelissa Walker, against Asa Griffith, to recover two horses, together with damages for their detention ; and was commenced on the 26th February, 1877. The defendant pleaded, in abatement, that he was a resident citizen of Walker county at the commencement of the suit; and issue was joined on this plea.

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Appeal from the Circuit Court of Blount. Tried before the Hon. Louis Wyeth. This action was brought by Artelissa Walker, against Asa Griffith, to recover two horses, together with damages for their detention ; and was commenced on the 26th February, 1877. The defendant pleaded, in abatement, that he was a resident citizen of Walker county at the commencement of the suit; and issue was joined on this plea. On the trial, as the bill of exceptions states, the defendant proved, in support of his plea, “that he was a resident citizen of the State of Alabama at the commencement of the suit, and was…

1Opinion of the CourtManning, J.

The question presented for our determination in this cause is, whether or not the “act to change the boundary line betiueen the counties of Blount, Walker, and Jefferson, and to authorize the removal of the county-seat of Blount county,” approved February 8, 1877, is a valid enactment. It is supposed to be obnoxious to, or that it was not passed in accordance with, several provisions of the constitution.

Doubtless, the sections of that instrument which prescribe rules concerning the introduction and progress of bills through the two houses of the general assembly, and the conduct of their…

2Cases cited3 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Harris v. . People of the State of N.Y.New York Court of Appeals · 1875
  3. Board of Revenue v. BarberSupreme Court of Alabama · 1875

3Cited by23 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
  3. Bagby Elevator and Electric Company, Inc. v. McBrideSupreme Court of Alabama · 1974
  4. State ex rel. Crenshaw v. JosephSupreme Court of Alabama · 1911
  5. State ex rel. Turner v. HockerSupreme Court of Florida · 1895

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