Putnam County v. Smith County

The complainant, Putnam county, filed its bill attacking Acts 1905, ch. 370', Acts 1897, ch. 148, and Acts 1895, ch. 98, as unconstitutional on the ground that each attempted to effect a deduction of territory from complainant county and to add the same to Smith county, whereas, it is alleged Putnam county had at the dates of passage less than 500 square miles of area; the constitutional provision invoked being article 10, sec. 4, of the Constitution of 1870', which stipulates: “Nor shall such old county be reduced to less than five hundred square miles.”

Complainant county also sought to…