Luke v. Calhoun County
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Wi. L. Whitlock. This action was brought by Mrs. Fanny Ann Luke, as “widow and next of kin” of William M. Luke, deceased, to recover from the county tbe statutory penalty of five thousand dollars for tbe murder of ber said husband, who was alleged to have been killed by unknown persons in disguise.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Wi. L. Whitlock. This action was brought by Mrs. Fanny Ann Luke, as “widow and next of kin” of William M. Luke, deceased, to recover from the county tbe statutory penalty of five thousand dollars for tbe murder of ber said husband, who was alleged to have been killed by unknown persons in disguise. The action was commenced on the 31st January, 1871, and was founded on the act of the legislature approved December 8, 1868, entitled “An act to suppress murder, lynching, and assaults and batteries.” — Session Acts 1868, p. 452. This…
1Opinion of the CourtBriokell, C. J.
The only foundation for this action wras the statute of December 28,1868, entitled “An act to suppress murder, lynching, and assault and batteries.” — Pamph. Acts, 1868, p. 452. This statute was unconditionally repealed by the statute enacted December 14, 1874. — Pamph. Acts, 1874-5, p. 244. The legislature has full power to take away by statute rights, not vested, which have been conferred by statute. If the repealing statute is general and unconditional, without a saving of pending proceedings and prosecutions, these fall with the statute which may have authorized them.— Pope v. Lewis, 4…
2Cases cited4 opinions
- Barnes v. Mayor of MobileSupreme Court of Alabama · 1851
- Pope v. LewisSupreme Court of Alabama · 1842
- Broughton v. Branch BankSupreme Court of Alabama · 1850
- Jordan v. StateSupreme Court of Alabama · 1849
3Cited by8 opinions
- John E. Ballenger Const. Co. v. State Board of AdjustmentSupreme Court of Alabama · 1937
- First Nat. Bank of Scottsboro v. Jackson CountySupreme Court of Alabama · 1933
- Blake v. State ex rel. GoingSupreme Court of Alabama · 1912
- Samples v. StateAlabama Court of Appeals · 1923
- Turnipseed v. JonesSupreme Court of Alabama · 1893
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