Public-domain · open source
OpenJurist

101 Ala. 531

Miller v. Berry

Supreme Court of Alabama

Decided November 15, 1893

Supreme Court of Alabama · decided 1893-11-15

Heard before the Hon. John W. Bishop. The proceedings in this case were had upon a petition for mandamus addressed to the judge of the city court of Talladega county ; and prayed that a peremptory writ of mandamus be issued to Hon. G. K. Miller, judge of probate of Talladega county, Alabama, to compel him to receive and file as an office paper, and to transmit to the Auditor of the State of Alabama, together with his certificate, that he believes the statements therein were…

Relies on Rogers v. Torbut · Stewart v. Court of County Commissioners · Bay Shell-Road Co. v. O'Donnell

Good law ✅— No negative treatment on recordhow we know

Decided 1893-11-15

How this case has been cited

Cited by 6 later decisions — most recently May 1930

6 state decisions

2018931900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

HEAD, J.

¶1The act entitled “An act to declare inoperative an act entitled 'an act to change the boundary lines between the counties of Talladega and Clay in this State/ approved January 10, 1877, and to provide for the location of the lines between said counties/’ approved February 9, 1893 (Pamp. Acts 1892-93, p. 343) is violative of so much of section 2 of Art. IV of the Constitution as provides that no law shall be revived, amended, or the provisions thereof extended or conferred by reference to its title only ; but so much thereof as is revived, amended, extended, or conferred shall be re-enacteci and published at length. — Rogers v. Torbut, 58 Ala. 523; Stewart v. Commissioners, 82 Ala. 209, 2 So. Rep. 270; Judson v. City of Bessemer, 87. Ala. 240, 6 So. Rep. 267; Bay Shell Road v. O’Donnell, 87 Ala. 378, 6 So. Rep. 119; Stewart v. Slate, 100 Ala. 1, 13 So. Rep. 943. The act is of such character that no part of it can stand and be administered without the rest.

¶2There was no error, therefore, in the ruling of the circuit court, and its judgment is affirmed.

/101/ala/531 · .json · Public domain