Shaver v. Robinson
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This is a motion made by L. A. Shaver, as county superintendent of education of Montgomery, in the City Court of' Montgomery, against Patrick Robinson, as tax-collector of' Montgomery county, to recover a summary judgment for seven hundred and eighty-nine dollars, the amount of poll-tax collected by him from the tax-payers of the said county, in the month of October, 1877. The defendant…
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This is a motion made by L. A. Shaver, as county superintendent of education of Montgomery, in the City Court of' Montgomery, against Patrick Robinson, as tax-collector of' Montgomery county, to recover a summary judgment for seven hundred and eighty-nine dollars, the amount of poll-tax collected by him from the tax-payers of the said county, in the month of October, 1877. The defendant interposed a demurrer, which was overruled by the court. The defendant then pleaded the general issue and payment. On the trial…
1Opinion of the Court
Per Curiam.—
The constitutions of 1868 and 1875 each ordains “ That the General Assembly may levy a poll-tax not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public school fund.” It is contended before us that the word “ exclusively ” requires that the entire sum of the poll-tax, without abatement or diminution for any purpose, shall become part of the school fund. We think this construction too narrow and strict. The exact meaning of the convention, as we understand it, is that the poll-taxes shall, for all time, constitute a school fund,…
2Cases cited2 opinions
- Finnegan v. City of FernandinaSupreme Court of Florida · 1875
- Cobb v. Corp. of Elizabeth CitySupreme Court of North Carolina · 1876
3Cited by6 opinions
- County of San Luis Obispo v. FeltsCalifornia Supreme Court · 1894
- Weakley v. HenrySupreme Court of Alabama · 1920
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- Jefferson County v. City of BirminghamSupreme Court of Alabama · 1930
- State v. Jefferson CountyAlabama Court of Appeals · 1920
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