Opinion

Cooper v. State Ex Rel. Hawkins

  • 226 Ala. 288
  • 147 So. 432
  • 1933 Ala. LEXIS 557
Court
Supreme Court of Alabama
Filed
Jan 12, 1933
Status
Published
Author
Knight
On the bench
Knight, Anderson, Thomas, Brown
Cited by
20 cases
Authority
More cited than 43.8%

The opinion

On Rehearing.

KNIGHT, Justice.

In the application for rehearing, the court is asked to reconsider the case, and to hold the act in question unconstitutional and void, on “a ground and for a reason that was not presented or argued on the original submission of this cause.”

It is now, for the first time, insisted that the act in question violates section 45 of the Constitution. Counsel for appellant, with commendable candor, admits that this is a belated insistence, but urges upon our attention, to justify a consideration now of bis insistence, the case of State ex rel. Knox v. Dillard, 196 Ala. 539, 548 , 72 So. 56 . However, in that caso, the question of the unconsti'tutionallty of the act was raised in a general way, and the court held a general allegation of the unconstitutional ity of the act was efficient to invoke a ruling thereon. This question was not

raised

b5' any ground of demurrer, general or special, and will not therefore be considered.

Application for rehearing overruled.

ANDERSON, C. J., and THOMAS and BROWN, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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