Supreme Court of Alabama, 1903

Thomas v. City Council of Montgomery

Supreme Court of Alabama · Decided November 15, 1903 · Haralson

140 Ala. 656

Cases that cite this one

1 later published case cites this decision.

City Council v. Walker (Ala. 1908)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*657Opinion by

Haralson, J.

*656The proceedings in this case were had upon a petition filed by the appellant ashing for a writ of mandamus to *657compel tbe City Council of Montgomery to carry out the provisions of an act of the Legislature of Alabama, approved February 18, 1903, entitled “An Act to establish a Board of Commissioners of Police for the city of Montgomery.” — (Acts of 1903, p. 12.)

On the filing of the petition an alternative writ was issued. The defendant demurred to the petition, and moved to quash the alternative writ, upon the ground that the act under which it is sought to establish the Board of Commissioners of Police was unconstitutional.

Upon the submission of the cause upon the demurrer and the motion to quash, the court rendered judgment sustaining the motion and ordering the petition dismissed. From this judgment the petitioner appeals, and assigns the rendition thereof as error.

The act in question is held unconstitutional and void under the authority of Little v. State ex rel. Huey, 137 Ala. 659.

Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.