section 104 enumerated (Alabama) · Go Syfert
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section 104 enumerated in Alabama

9 Alabama opinions name it 1 courts 1902–2011 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Calhoun County v. Morgangreen
ala · 1952 · cited in 1 Alabama opinions naming this issue, 2011–2011
2 sentences

2011See Tanner v. Tuscaloosa County Comm'n, 594 So.2d 1207 (Ala.1992), and Calhoun County v. Morgan, 258 Ala. 352 , 62 So.2d 457 (1952) (both holding generally that any violation of § 106 notice requirements renders the entire act void). [12] Section 106 originally provided, in pertinent part: "No special, private, or local law shall be passed on any subject not enumerated in section 104 of this Constitution, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefor shall have been published, without cost to the state, in the county or counties wher

2011See Tanner v. Tuscaloosa County Comm'n, 594 So.2d 1207 (Ala.1992), and Calhoun County v. Morgan, 258 Ala. 352 , 62 So.2d 457 (1952) (both holding generally that any violation of § 106 notice requirements renders the entire act void). [12] Section 106 originally provided, in pertinent part: "No special, private, or local law shall be passed on any subject not enumerated in section 104 of this Constitution, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefor shall have been published, without cost to the state, in the county or counties wher

11
Tanner v. Tuscaloosa County Com'ngreen
ala · 1992 · cited in 1 Alabama opinions naming this issue, 2011–2011
1 sentence

2011See Tanner v. Tuscaloosa County Comm'n, 594 So.2d 1207 (Ala.1992), and Calhoun County v. Morgan, 258 Ala. 352 , 62 So.2d 457 (1952) (both holding generally that any violation of § 106 notice requirements renders the entire act void). [12] Section 106 originally provided, in pertinent part: "No special, private, or local law shall be passed on any subject not enumerated in section 104 of this Constitution, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefor shall have been published, without cost to the state, in the county or counties wher

11
Adam v. SHELBY COUNTY COM'Ngreen
ala · 1982 · cited in 1 Alabama opinions naming this issue, 1995–1995
1 sentence

1995Article IV, § 106, of the Alabama Constitution of 1901, as amended by Amendment No. 341, states: “No special, private, or local law shall be passed on any subject not enumerated in section 104 of this Constitution, ... unless notice of the intention to apply therefor shall have been published, without cost to the state, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law and be published at least once a week for four consecutive weeks in some newspaper published in such county or counties or if there is

11
Jefferson County v. Braswellgreen
ala · 1981 · cited in 1 Alabama opinions naming this issue, 1995–1995
1 sentence

1995Article IV, § 106, of the Alabama Constitution of 1901, as amended by Amendment No. 341, states: “No special, private, or local law shall be passed on any subject not enumerated in section 104 of this Constitution, ... unless notice of the intention to apply therefor shall have been published, without cost to the state, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law and be published at least once a week for four consecutive weeks in some newspaper published in such county or counties or if there is

11
Wilkins v. Woolfgreen
ala · 1968 · cited in 1 Alabama opinions naming this issue, 1995–1995
2 sentences

1995Article IV, § 106, of the Alabama Constitution of 1901, as amended by Amendment No. 341, states: “No special, private, or local law shall be passed on any subject not enumerated in section 104 of this Constitution, ... unless notice of the intention to apply therefor shall have been published, without cost to the state, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law and be published at least once a week for four consecutive weeks in some newspaper published in such county or counties or if there is

1995Article IV, § 106, of the Alabama Constitution of 1901, as amended by Amendment No. 341, states: “No special, private, or local law shall be passed on any subject not enumerated in section 104 of this Constitution, ... unless notice of the intention to apply therefor shall have been published, without cost to the state, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law and be published at least once a week for four consecutive weeks in some newspaper published in such county or counties or if there is

11
City Council v. Reesegreen
ala · 1906 · cited in 1 Alabama opinions naming this issue, 1916–1916
2 sentences

1916The power of the Legislature to pass laws of a private, local, or special interest was unlimited; and, outside or beyond these 31 specified instances, the Legislature has the same power it had before the adoption of the present Constitution, provided there is no general law under which relief is granted or may be had.” In City Council v. Reese, 149 Ala. 188, 190, 191 , 43 South. 116, 117 , it was written: “It is apparent that the subject-matter of the two acts is substantially the same; and it is equally apparent that the inhibition contained in the section of the Constitution quoted was viola

1916The power of the Legislature to pass laws of a private, local, or special interest was unlimited; and, outside or beyond these 31 specified instances, the Legislature has the same power it had before the adoption of the present Constitution, provided there is no general law under which relief is granted or may be had.” In City Council v. Reese, 149 Ala. 188, 190, 191 , 43 South. 116, 117 , it was written: “It is apparent that the subject-matter of the two acts is substantially the same; and it is equally apparent that the inhibition contained in the section of the Constitution quoted was viola

11
Forman v. Hairgreen
ala · 1907 · cited in 1 Alabama opinions naming this issue, 1916–1916
2 sentences

1916It follows, therefore, that we are constrained to hold the act of September 26, 1903, to be unconstitutional and void.” In Little v. State, 137 Ala. 659, 668 , 35 South. 134 , 136, it was said with .reference to section 105, among others noted in the opinion: “This view is emphasized, re-enforced, and made certain to the judicial mind when taken in connection with the sections above referred to, other than section 104, directing that the Legislature shall pass general laws for the cases enumerated in section 104, and providing that no special, private, or local law * * * shall be enacted in an

1916It follows, therefore, that we are constrained to hold the act of September 26, 1903, to be unconstitutional and void.” In Little v. State, 137 Ala. 659, 668 , 35 South. 134 , 136, it was said with .reference to section 105, among others noted in the opinion: “This view is emphasized, re-enforced, and made certain to the judicial mind when taken in connection with the sections above referred to, other than section 104, directing that the Legislature shall pass general laws for the cases enumerated in section 104, and providing that no special, private, or local law * * * shall be enacted in an

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Brandon v. Askew green
ala · 1911
2 sentences

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

21924–1948
Dunn v. Dean green
ala · 1916
2 sentences

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

21924–1948
State ex rel. Brandon v. Prince green
ala · 1917
2 sentences

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

1924State, etc., v. Prince, 199 Ala. 444, 447 , 74 South. 939 ; Board of Revenue v. Kayser, 205 Ala. 289 , 88 South. 19 ; Jackson v. Sherrod, Deputy Sol., 207 Ala. 245 , 92 South. 481 ; Dunn v. Dean, 196 Ala. 486 , 71 South. 709 ; Riley v. State, 209 Ala. 505 , 96 South. 599 ; Brandon v. Askew, 172 Ala. 160 , 54 South. 605 .

21924–1948
Wright v. Empire Coal Co. green
ala · 1917
2 sentences

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

1924State, etc., v. Prince, 199 Ala. 444, 447 , 74 South. 939 ; Board of Revenue v. Kayser, 205 Ala. 289 , 88 South. 19 ; Jackson v. Sherrod, Deputy Sol., 207 Ala. 245 , 92 South. 481 ; Dunn v. Dean, 196 Ala. 486 , 71 South. 709 ; Riley v. State, 209 Ala. 505 , 96 South. 599 ; Brandon v. Askew, 172 Ala. 160 , 54 South. 605 .

21924–1948
Board of Revenue v. Kayser green
ala · 1921
2 sentences

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

21924–1948
Jackson v. Sherrod green
ala · 1921
2 sentences

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

21924–1948
Riley v. State neutral
ala · 1923
2 sentences

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

21924–1948
Gulf Coast Media v. Mobile Press green
ala · 1985
1 sentence

2007No. 341, states: "No . . . local law shall be passed on any subject not enumerated in section 104 of this Constitution, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefor shall have been published , without cost to the state, in the county or counties where the matter or thing to be affected may be situated, which notice shall state the substance of the proposed law and be published at least once a week for four consecutive weeks in some newspaper published in such county or counties . . . prior to the introduction of the bill. " (Emphasi

12007–2007
Peddycoart v. City of Birmingham green
ala · 1978
2 sentences

1986Section 106 of the Constitution of 1901 provides, in pertinent part: “No ... local law shall be passed on any subject not enumerated in section 104 of this Constitution ... unless notice of the intention to apply therefor shall have been published ... in the county ... where the matter or thing to be affected may be situated....” Section 110 of the Constitution of 1901 was interpreted literally by this Court in Peddycoart v. City of Birmingham, 354 So.2d 808 (Ala.1978), as defining a local law to be one “ ‘which applies to any political subdivision or subdivisions of the state less than the wh

1986Section 106 of the Constitution of 1901 provides, in pertinent part: “No ... local law shall be passed on any subject not enumerated in section 104 of this Constitution ... unless notice of the intention to apply therefor shall have been published ... in the county ... where the matter or thing to be affected may be situated....” Section 110 of the Constitution of 1901 was interpreted literally by this Court in Peddycoart v. City of Birmingham, 354 So.2d 808 (Ala.1978), as defining a local law to be one “ ‘which applies to any political subdivision or subdivisions of the state less than the wh

11986–1986
Polytinsky v. Wilhite neutral
ala · 1924
2 sentences

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

1948This-section of the constitution reads as follows: “No special, private, or local law,, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the-matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any *251 such special, private, or local law by the partial repeal of a general law.” The Alabama

11948–1948
Little v. State ex rel. Huey neutral
ala · 1902
1 sentence

1916It follows, therefore, that we are constrained to hold the act of September 26, 1903, to be unconstitutional and void.” In Little v. State, 137 Ala. 659, 668 , 35 South. 134 , 136, it was said with .reference to section 105, among others noted in the opinion: “This view is emphasized, re-enforced, and made certain to the judicial mind when taken in connection with the sections above referred to, other than section 104, directing that the Legislature shall pass general laws for the cases enumerated in section 104, and providing that no special, private, or local law * * * shall be enacted in an

11916–1916
Wallace v. Board of Revenue of Jefferson County green
ala · 1903
1 sentence

1904The court shall pronounce void every special, private or local law which the journals do not affirmatively show wa.s passed in accordance with the provisions Of this section.” That the Act in question comes within the class of legislation denominated a local law under the Constitution, cannot be doubted under the decision of Wallace v. Board of Revenue of Jefferson County, et al., 140 Ala. 491 .

11904–1904
School District v. Insurance Co. neutral
scotus · 1881
1 sentence

1902It cannot he denied that the act in question, seeks to confer corporate powers, and none others on the police commissioners. — School District v. Insurance Co., 103 U. S. 707 .

11902–1902

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