State v. Inman

On Rehearing,

THOMAS, Justice.

We should observe that Article XII, Section 240, first appeared in the Constitution of 1868 (Doe ex dem State Land Co. v. Factors’ & Traders Ins. Co., 166 Ala. 63, 51 So. 991). The statutory system governing actions and suits by the state (Code of 1923, §§ 5644 — 5654) came to us by antecedent codes, some of the provisions being as early as the Code of 1852, § 2137 et seq. The provisions in § 5654, Code of 1923, first appear in the Code of 1886, § 79, and authorize th’e governor whenever the interests of. the_ state may require to order and direct suits “to be…