Opinion

Morgan County Commission v. Powell

  • 292 Ala. 300
  • 293 So. 2d 830
  • 1974 Ala. LEXIS 1067
Court
Supreme Court of Alabama
Filed
Apr 4, 1974
Status
Published
Author
Jones
On the bench
Bloodworth, Coleman, Faulkner, Harwood, Heflin, Jones, Maddox, McCALL, Merrill
Cited by
64 cases

recognizing that when other branches of government are remiss in their constitutional duties, the judiciary must act

How later courts described this case

  • recognizing that when other branches of government are remiss in their constitutional duties, the judiciary must act
  • "An amicus curiae is limited to the issues made by the parties to a suit, and issues not made in proceedings below, nor raised in brief of appellant, cannot be injected into a review by any action on the part of the amicus curiae."
  • "The authority to determine the amount of appropriations necessary for the performance of the essential functions of government is vested fully and exclusively in the legislature."
  • words "subject to approval" of county governing body made governing board approval a prerequisite

Written by the judges who cited it.

The opinion

*328 JONES, J.,

concurs in the foregoing dissent with the exception of the portion dealing with the motion to recuse.

BLOODWORTH, Justice

(recusing himself).

In view of the fact that while serving as a circuit judge in the Eighth Judicial Circuit of Alabama, I had a part in helping to draft and secure passage of the Act in question [Sec. 125(28a), Tit. 13, Code of Alabama 1940, as last amended], I hereby recuse myself.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.