# Cooper v. State Ex Rel. Hawkins

> Supreme Court of Alabama · January 12, 1933 · 226 Ala. 288

URL: https://www.frixlaw.com/law-library/cases/3247832

## Case

- **Full name:** Cooper v. State Ex Rel. Hawkins.
- **Court:** Supreme Court of Alabama
- **Decided:** January 12, 1933
- **Citations:** 226 Ala. 288; 147 So. 432; 1933 Ala. LEXIS 557
- **Precedential status:** Published
- **Opinion:** Addendum by Knight
- **Judges:** Knight, Anderson, Thomas, Brown
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3247832

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3247832. Public record. Not legal advice.