Johnson v. State
Supreme Court of Alabama
From the Circuit Court of Limestone. Tried before the Hon. Henry C. Speake. The indictment in this case charged that the defendant, “being liable to road duty, did fail or refuse, after legal notice, to work the public roads, either in person or by substitute.”
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From the Circuit Court of Limestone. Tried before the Hon. Henry C. Speake. The indictment in this case charged that the defendant, “being liable to road duty, did fail or refuse, after legal notice, to work the public roads, either in person or by substitute.” On the trial, under the plea of not guilty, the defendant claimed exemption from road service, on the ground that he was, when served with notice, and up to the time of the trial, a “section-boss” on the Memphis & Charleston railroad, in the employment of said railroad company ; and he offered in evidence, without objection, the…
1Opinion of the CourtClopton, J.
When this case was before us at a former *72term (88 Ala. 176), we held, that the exemption of the officers and servants of the Memphis & Charleston Railroad Company, conferred by the act of incorporation of the State of Tennessee, is not a mere personal privilege, but a valuable right of the company, and that the language of the act incorporating the c'oirqoany, enacted by the General Assembly of this State, is comprehensive enough to include and grant every right, power and privilege granted by the Tennessee charter, not inconsistent with the. Constitution and policjr of Alabama. Of course,…
2Cases cited5 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- United States v. EliasonSupreme Court of the United States · 1842
- Fairfield v. County of GallatinSupreme Court of the United States · 1879
- Jessup v. . CarnegieNew York Court of Appeals · 1880
- Johnson v. StateSupreme Court of Alabama · 1889
3Cited by6 opinions
- Ex Parte GrimmettSupreme Court of Alabama · 1933
- Warren v. StateSupreme Court of Alabama · 1916
- Jones v. StateSupreme Court of Alabama · 1892
- Martin v. StateAlabama Court of Appeals · 1912
- Rogers v. StateAlabama Court of Appeals · 1917
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