Legal Opinion · Dissent

City of Huntsville v. Gudenrath

Supreme Court of Alabama

Decided June 17, 1915Published

Certiorari to Court of Appeals. The City of Huntsville appealed from a judgment rendered against it at the suit of Otto Gudenrath, and the Court of Appeals reversed and remanded the cause, which is reported as City of Huntsville v. Qoodenrwbh, in 13 Ala. App. 579, 68 South. 676. Gudenrath brings certiorari to review and revise the judgment and decision of the Court of Appeals.

1Dissent

McCLELLAN, J.—

(Dissenting.) — At this time I can only indicate in a summary, manner the ground of my disagreement in this matter. My judgment, is that the prevailing opinion, by according to statutes an unsound construction and effect, must logically operate and will operate to wrongfully deprive property owners of the rights and protection assured by section 235 of the Constitution of Alabama. The basic controlling question in this matter can, in my opinion, only be decided by a coincident consideration of the two- sections of the Constitution, viz., 223 and 235, and not by attaching a major…

2Cases cited1 opinion

  1. Goodrich v. City of OmahaNebraska Supreme Court · 1880

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