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108 Ala. 353

Rice v. Westcott

Supreme Court of Alabama

Decided November 15, 1895

Supreme Court of Alabama · decided 1895-11-15

Tried before Hon. T. M. ArriNgtoN. The appellee, S. H. Westcott, brought this action against Alex Rice, seeking to recover a penalty of $200 from him for a failure on his part to enter satisfaction on the record of a judgment.

Relies on Miller v. Berry

Good law ✅— No negative treatment on recordhow we know

Decided 1895-11-15

How this case has been cited

Cited by 4 later decisions — most recently May 1930

4 state decisions

1018951900191019201930decided

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.

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HEAD, J.

¶1Section 2", Art. 4 of the constitution, ordains : “Each law shall contain but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes ; and 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-enacted and published at length.”' The third section of the act entitled, “An act, To amend an act entitled an act to provide for the registration and lien of judgments and decrees for the payment of money,”' approved Feb’y 26, 1889, (Acts 1888-89, p. 60) which seeks to extend “the laws relating to the entry of credits and-satisfaction of mortgages,” to the “entry of credits and satisfaction of the liens created by this act,” clearly offends, both these constitutional limitations. See the. *355authorities cited in brief of appellant’s counsel. See also Miller v. Berry, 101 Ala. 531.

¶2The act is complete and enforceable without said section 3, and that section only will be rejected as unconstitutional.

¶3As the complaint does not, and can not be made to, contain a cause of action, the judgment of the city court will be reversed and a judgment here rendered in favor of the defendant.

¶4Reversed and rendered.

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