Public-domain · open source
OpenJurist

142 Ala. 372

Tillman v. Porter

Supreme Court of Alabama

Decided November 15, 1904

Supreme Court of Alabama · decided 1904-11-15

Tried before the Hon. William Jackson. The proceeding in this case was instituted by the appellee, W. F. Porter, under Section 3134 of the Code of 1896, to compel the appellant, S. J. Tillman to deliver to the petitioner certain books‘and papers pertaining to the office of the justice of precinct 33 of Jefferson county, which office was held by the respondent Tillman at the time of and after the passage of an act of the legislature to establish an inferior court in precinct…

Cited by 2 later decisions — most recently June 1929

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

View the full empirical analysis of this case →

SIMPSON, J.-

¶1Without going into the various points raised by the pleadings, it is evident that the Act of the Legislature (Local Acts of 1903, p. 482) being entitled “An Act to establish, in precinct 33, in Jefferson county, Alabama, an inferior court in lieu of all justices of the peace in said precinct, to be known as the Inferior Court of Bessemer, to define the jurisdiction and powers of said court and the judge thereof,” approved October, 1st, 1903, is void, by reason of a failure to comply with the provisions of the Constitution of Alabama. — Art. IY. § 106.

¶2The act is clearly a local act, within the definition of Art. IY, § 110, and the notice given, does not state “the substance of the proposed law.” A very important part of the substance of the law, is the abolition of the office of justice of the peace, and the substitution of the proposed court therefor, which is not intimated in the notice, and the reference to sections 130 and 158, Art. 7 of the Constitution is wholly inisleading.

¶3The judgment of the court is reversed and a judgment will be here rendered dismissing the petition, and taxing the costs against the petitioner, W. F. Porter.

¶4Reversed and rendered.

McCrerran, C. J., Tyson and Anderson, J. J., concurring.
/142/ala/372 · .json · Public domain