Crowley v. Southern Ry. Co.
U.S. Circuit Court for the District of Northern Alabama
On Motion to Dismiss. Motion is made to dismiss the suit upon the following state of facts: On the 17th day of February, 1903, an act of the Legislature of Alabama was approved, “to carry into effect the provisions of ordinance No. 390 of the constitutional convention of 1901, to establish a courthouse and jail at some point to be designated at an election by the people of St. Clair county,” etc.
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On Motion to Dismiss. Motion is made to dismiss the suit upon the following state of facts: On the 17th day of February, 1903, an act of the Legislature of Alabama was approved, “to carry into effect the provisions of ordinance No. 390 of the constitutional convention of 1901, to establish a courthouse and jail at some point to be designated at an election by the people of St. Clair county,” etc. Laws 1903, p. 28. This act provided that certain parts of St. Clair county should constitute the Southern judicial division of St. Clair county, and required that a circuit court for said judicial…
1Opinion of the CourtJones, District Judge
(after stating the facts). The decision of the Supreme Court of Alabama, in Ex parte Birmingham & Atlantic Railway Company, 42 South. 118, declaring the act unconstitutional which sought to establish the Southern judicial division of the circuit court of St. Clair county at Pell City, is conclusive, *853in this court, that no circuit court of St. Clair county was ever authorized to be held at Pell City. Everything attempted to be done under that act at Pell City is a mere nullity. That decision also establishes that there was no such office as that of deputy clerk of the circuit court of St.…
2Cases cited11 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
- Upshur County v. RichSupreme Court of the United States · 1890
- Jackson v. AllenSupreme Court of the United States · 1889
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- Rodas v. SeidlinCourt of Appeals for the Seventh Circuit · 2011
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- Herb v. PitcairnIllinois Supreme Court · 1943
- Compton v. Carter Oil Co.Court of Appeals for the Eighth Circuit · 1922
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