Opinion

Garrett v. Colbert County Board of Education

  • 255 Ala. 86
  • 50 So. 2d 275
  • 1950 Ala. LEXIS 466
Court
Supreme Court of Alabama
Filed
Dec 14, 1950
Status
Published
Author
Brown
On the bench
Foster, Brown, Livingston, Lawson, Simpson, Stakely
Cited by
6 cases
Authority
More cited than 24.1%

"The principle is well established that neither the State or any inferior legislative body can alienate, surrender or abridge its right or ability to function in the future."

How later courts described this case

  • "The principle is well established that neither the State or any inferior legislative body can alienate, surrender or abridge its right or ability to function in the future."

Written by the judges who cited it.

The opinion

BROWN, Justice

(specially concurring).

My concurrence in the foregoing opinion is subject to the reservation that, while the power to determine the necessity for using pledged funds for current maintenance of local government, a question not now presented, is in the first instance legislative, the question of such necessity is ultimately judicial in its essence and must be determined by the courts. Caylor v. State, 219 Ala. 12 , 121 So. 12 .

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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