Yancy v. Waddell
Yancy v. Waddell
Opinion of the Court
The alleged cause of action involved here arose, if it exists at all, under an act “To create the Prigden stock law district in Cherokee county,” approved March 4, 1901. On the trial the general affirmative carge was given for the defendant on the theory that that supposed statute was not constitutionally enacted, and hence is void. The point of objection is that the bill that was introduced in the senate, passed by that body without amendment and then by the house of representatives without amendment, was materially variant in respect of the territory to be embraced in the district from the bill that was enrolled, signed by the President of the Senate and the Speaker of the House and approved by the Governor. The facts support this objection. The description of the territory dealt with in the bill as introduced,, was as £o11qws: *. * * “said district to include the folloAving territory, * * * Commencing at the N. W. corner of Emma J. Woods’ and Martha Cothran’s land to the N. E. corner, thence south to the S. E. corner of J. M. Pridgen’s land, thence west to the N. W. corner of J. K. Abernathy’s land, thence south to the S. E. corner of Emma Woods’ and Martha Cothran’s land, thence west to the stock 1 aw line, and thence in a north direction to the point of beginning;” and with this description the bill, as we have seen, passed both branches of the legislature without amendment. In the enrolled bill, however, as signed by the presiding officers and approved by the Governor, the description is this: “Commencing at the N. W.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.