Willett v. Weaver

13 Citing cases

  1. Campbell Motor Co. v. Stanfield

    120 So. 475 (Ala. 1929)   Cited 1 times

    The court of a justice of the peace is not a court of record. Willett v. Weaver, 205 Ala. 268, 87 So. 601; Ellis v. White, 25 Ala. 540; Horton v. Elliott, 90 Ala. 480, 8 So. 130; Pullman, etc., Co. v. Harrison, 122 Ala. 149, 25 So. 697, 82 Am. St. Rep. 68; Wilmerding v. Corbin Banking Co., 126 Ala. 268, 28 So. 640. The record of the justice of the peace must show jurisdiction of the subject-matter and person. 35 C. J. 549, 584; Cleveland v. Little Cahaba Coal Co., 205 Ala. 369, 87 So. 567; Visible Measure Co. v. McCarty Drug Co., 206 Ala. 588, 91 So. 383; Cottingham v. Smith, 152 Ala. 664, 44 So. 864; Hitt Lbr. Co. v. Turner, 187 Ala. 56, 65 So. 807. A judgment of the justice of the peace in an attachment suit, in which the record upon its face does not show the notice as required by statute, is void. Wilmerding v. Corbin Banking Co., supra; Visible Measure Co. v. McCarty Drug Co., supra. Seizure without writ is void. 6 C. J. 175. Actual levy of attachment is necessary to give the court jurisdiction.

  2. McMurray v. County Board of Education

    216 Ala. 144 (Ala. 1927)   Cited 7 times

    Local Acts 1923, p. 272, §§ 28, 30; Cadle v. Bland, 213 Ala. 665, 106 So. 170. Where the term of office is fixed, and power is delegated by the Legislature to a subordinate body to set the salary, when such body has once acted to fix the compensation, any subsequent action relative to said salary is void, since the compensation of no public officer having a fixed term may be increased or decreased during such term. Const. 1901, § 281; Morgan County v. Fid. Dep. Co., 200 Ala. 690, 77 So. 233; Franklin County v. Richardson, 202 Ala. 46, 79 So. 384; Willett v. Weaver, 205 Ala. 268, 87 So. 601. To hold that the officer's salary could be raised during his term of office — if so, there is no constitutional reason why it should not be lowered — would be to hold that the county board could remove him at pleasure.

  3. Ex Parte Stone

    211 Ala. 601 (Ala. 1924)   Cited 15 times

    Legislative construction can have no effect against the plain mandate of the Constitution. Willett v. Weaver, 205 Ala. 268, 87 So. 601; Board of Rev. v. Huey, 195 Ala. 83, 70 So. 744. Stevens, McCorvey, McLeod Goode, of Mobile, for appellee.

  4. Stone v. State

    20 Ala. App. 69 (Ala. Crim. App. 1924)   Cited 19 times
    In Stone v. State (Ala. 1924) 101 So. 58, there was considered an act authorizing payment to the judges of $4,000 out of the state treasury and $3,000 out of the county treasury. Mandamus was brought to compel the county treasurer to pay.

    Section 150 of the Constitution takes the compensation of judges without the operation of other sections of the Constitution prohibiting the increase in compensation of officers generally. Const. 1901, § 150; Willett v. Weaver, 205 Ala. 268, 87 So. 601; White v. State ex rel. Denson, 123 Ala. 577, 26 So. 343; State v. Sanders, 187 Ala. 79, 65 So. 378, L.R.A. 1915A, 295; Commonwealth, etc., v. Mathues, 210 Pa. 372, 59 A. 961. All reasonable doubts and intendments must be resolved in favor of the validity of the act, and of the legislative authority to pass and put into immediate effect the law so passed.

  5. Downs v. City of Birmingham

    240 Ala. 177 (Ala. 1940)   Cited 24 times

    The constitutional protection of salary of a public officer applies to the office of City Commissioner of Birmingham. Willett v. Weaver, 205 Ala. 268, 87 So. 601. The constitutional protection of an officer's salary gives the officer a vested right in the salary.

  6. Hard v. State

    228 Ala. 241 (Ala. 1934)   Cited 8 times

    The term is fixed by statute. Willett v. Weaver, 205 Ala. 268, 87 So. 601; State v. Wilkinson, 220 Ala. 172, 124 So. 211; Morgan County v. Fidelity D. Co., 200 Ala. 690, 77 So. 233; Franklin County v. Richardson, 202 Ala. 46, 79 So. 384; McMurray v. County Board, 216 Ala. 144, 112 So. 644; Macon County v. Abercrombie, 9 Ala. App. 147, 62 So. 449; Code 1923, §§ 1402, 1403, 1404, 1405, 1407, 1409, 1411, 1414, 1415, 1416. The statute makes no provision for removal of the director, and the board of trustees could not remove the director during the term.

  7. Wilson v. Swindle

    226 Ala. 641 (Ala. 1933)   Cited 1 times

    The act of 1923 under which appellant claims is void, and the compensation thereby provided is not within the protection of section 281 of the Constitution. Const. 1901, § 167; Willett v. Weaver, 205 Ala. 268, 87 So. 601; Macon County v. Abercrombie, 9 Ala. App. 147, 62 So. 449. BOULDIN, Justice.

  8. State v. County Commission of Jefferson County

    224 Ala. 229 (Ala. 1932)   Cited 13 times

    The office of coroner is a creature of the Legislature, is not a constitutional office, and can be abolished by the power which created it. Code 1923, § 156; Perkins v. Corbin, 45 Ala. 103, 6 Am. Rep. 698; State v. Gunter, 170 Ala. 165, 54 So. 283; Hawkins v. Roberts Son, 122 Ala. 130, 27 So. 327; Oldham v. Mayor, c., 102 Ala. 357, 14 So. 793; Willet v. Weaver, 205 Ala. 268, 87 So. 601; Touart v. State, 173 Ala. 453, 56 So. 211. BOULDIN, J.

  9. Carnley v. Moore

    218 Ala. 274 (Ala. 1928)   Cited 18 times
    In Carnley v. Moore, 218 Ala. 274, 118 So. 409, some twenty-four years before Amendment 92 was ratified, the Act before the court divided Coffee County into four commissioners districts, provided for the election of a commissioner from each district, provided for staggered terms, purported to impose additional duties and increased their compensation.

    The official and increased compensation sought is not within the exception or provision for an increase during an official term under section 150 of the Constitution. Willett v. Weaver, 205 Ala. 268, 87 So. 601; Commonwealth v. Mathues, 210 Pa. 372, 59 A. 961. We are of opinion that the act in question was a mere effort or colorable pretext to increase the compensation of the county commissioners, and not within the decision of Tayloe v. Davis, 212 Ala. 282, 102 So. 433, 40 A.L.R. 1052.

  10. Henry v. State

    218 Ala. 71 (Ala. 1928)   Cited 21 times

    On the other hand, it is the law that a legislative construction can have no effect against the plain mandate of the Constitution. Ex parte Hardy, 68 Ala. 303; Moog v. Randolph, 77 Ala. 597; Board of Revenue of Jefferson County v. Huey, 195 Ala. 83, 70 So. 774; Jones v. McDade, 200 Ala. 230, 235, 75 So. 988; Willett v. Weaver, 205 Ala. 268, 87 So. 601; Board of Revenue v. Hewitt, 206 Ala. 405, 90 So. 781; State ex rel. Brooks v. Gullatt, 210 Ala. 452, 98 So. 373. The rules stated in Ex parte John Hardy, supra, are, that Constitutions are to be construed in the light of common law and of previously existing Constitutions; that provisions designed for the protection of life, liberty, and property are to be liberally construed in favor of the citizen, thus differentiating such personal rights from governmental policies, administrative functions, and conduct of public office and the rule of constitutional construction and presumptions obtaining or applicable thereto; and "the uniform legislative interpretation of doubtful constitutional provisions, running through many years, is of weighty consideration with the courts, as is also the contemporaneous exposition of the bar, and the acquiescence of the bench.