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Ex Parte the Alabama National Bank of Montgomery. in Re Charles A. Boswell, as Commissioner of Revenue, State of Alabama
v.
the Alabama National Bank of Montgomery.
v.
the Alabama National Bank of Montgomery.
78-540.
Supreme Court of Alabama.
Sep 21, 1979.
Published opinion
Robert B. Stewart and Robert E. Sasser, Montgomery, for petitioner. Page 264 Charles A. Graddick, Atty. Gen. of Ala., Herbert I. Burson, Jr., Chief Counsel, Dept. of Revenue, and Asst. Atty. Gen. of Ala., B. Frank Loeb, and Bill Thompson, Asst. Counsels, Dept. of Revenue, and Asst. Attys. Gen. of Ala., for respondent.
Embry, Torbert, Bloodworth, Faulkner, Almon.
Published
EMBRY, Justice.
The writ of certiorari is quashed as improvidently granted. The writ was issued in this case because of our concern about the constitutionality of Code 1975, § 40-2-11(17) which authorizes the Alabama Department of Revenue to issue writs of garnishment to banks to release deposits of their customers without a court order. Upon reflection, and upon reconsideration of the petition, we find that the constitutional issues were not raised in the petition, only questions of statutory construction. Thus, the writ is due to be quashed.
Writ quashed.
TORBERT, C. J., and BLOODWORTH, FAULKNER and ALMON, JJ., concur.