201 Ala. 62 - Ex Parte Strawbridge

How this case has been cited

Cited by 30 later decisions — most recently September 1971 · most notably Clark v. Whitfield (1925), Fite v. Pearson (1926)

30 state decisions

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.

PER CURIAM.

¶1 [1] The court is of the opinion that Acts 1915, p. 573, is not subject to the constitutional objection urged against same in brief and application and as considered and discussed by the Court of Appeals, and thinks that the writ should be denied.

¶2 [2] Whether or not the order or resolution of the commissioners of Lamar county, in fixing the punishment, was authorized by the act, or the act' is self-acting in this respect, is a question which seems not to have been presented to the Court of Appeals, and was not considered or discussed. Indeed, the petition for the certiorari and the brief in support of same, conforming to rule 42 (175 Ala. xx), urges a review and revision only of the points decided and discussed in the opinion of the Court of Appeals. To grant the writ in this case for the reason suggested by some of the members of the court and reverse the Court of Appeals would he to do so upon a point never passed upon by said court and in direct violation of rule 42.

¶3 The writ is denied.

ANDERSON, C. J., and McCLELLAN, SOMERVILLE, and GARDNER, JJ., concur.