# Morgan County Commission v. Powell

> Supreme Court of Alabama · April 4, 1974 · 292 Ala. 300

URL: https://www.frixlaw.com/law-library/cases/9695195

## Case

- **Full name:** MORGAN COUNTY COMMISSION Et Al. v. Judge Newton B. POWELL Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** April 4, 1974
- **Citations:** 292 Ala. 300; 293 So. 2d 830; 1974 Ala. LEXIS 1067
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Bloodworth, Coleman, Faulkner, Harwood, Heflin, Jones, Maddox, McCALL, Merrill
- **Cited by:** 64 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/9695195

## How later opinions describe it (automated extraction)

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

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9695195. Public record. Not legal advice.