Opinion

Board of Revenue and Road Com'rs v. Puckett

227 Ala. 374
149 So. 850
1933 Ala. LEXIS 253

Court: Supreme Court of Alabama
Filed: Jun 8, 1933
Status: Published
Author: Anderson
On the bench: Foster, Gardner, Bouldin, Knight, Anderson, Thomas, Brown
Cited by: 25 cases
Authority: More cited than 43.7%

The opinion

ANDERSON, Chief Justice

(dissenting).

It is conceded, and in fact the act recites,, that the beneficiary therein had no legal claim against the county. This being so, the act authorizes a mere gift or donation in violation of section 94 of the Constitution. This provision appeared as section 55 of article 4 of the Constitution of 1S75, which was construed in the case of Garland v. Board of Revenue of Montgomery County, 87 Ala. 223 , 6 So. 402 , and readopted without change in-the Constitution of 1901.

THOMAS and BROWN, JJ., concur in the-foregoing dissent.

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