Ex parte Rice
| Decision Date | 09 May 1962 |
| Docket Number | 3 Div. 11 |
| Parties | Ex parte Roger F. RICE. In re Roger F. RICE, as qualified voter, v. Bettye FRINK, Secretary of State, and Sam Engelhardt, Chairman, State Democratic Executive Committee. |
| Court | Alabama Supreme Court |
Petition for mandamus to Eugene W. Carter, Judge, Circuit Court, Montgomery County to review a decree in a proceeding in equity to enjoin calling of primary election until reapportionment of legislature, and for reapportionment by court, as follows: 'Upon presentation of this matter to the Court, and after due consideration, the Court is of the opinion that this matter is a legislative function, and that the Court has no jurisdiction, therefore the bill of complaint is hereby dismissed.'
Roger F. Rice, pro se.
Petition denied without opinion.
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4 cases
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Reynolds v. Sims Vann v. Baggett Connell v. Baggett
...(1950), referred to by the District Court in its preliminary opinion. Sims v. Frink, 205 F.Supp. 245, at 247. 5. See Ex parte Rice, 273 Ala. 712, 143 So.2d 848 (1962), where the Alabama Supreme Court, on May 9, 1962, subsequent to the District Court's preliminary order in the instant litiga......
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Brooks v. Hobbie
... ... Pool, 255 Ala. 441, 51 So.2d 869 (1951), and Ex parte Rice, 273 Ala. 712, 143 So.2d 848 (1962), decided at a time when our Alabama state courts, like other state courts, stayed out of "political" issues ... ...
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Rice v. English
... ... Const.1901, requires that this Court decline jurisdiction over this case. The election officials remind us that in earlier cases this Court has refused to recognize the justiciability of redistricting claims, citing Waid v. Pool, 255 Ala. 441, 51 So.2d 869 (1951), and Ex parte Rice, 273 Ala. 712, 143 So.2d 848 (1962) ... The election officials attempt to distinguish Brooks v. Hobbie, supra, in which, they argue, this Court recognized the justiciability of redistricting claims only in those cases where the Legislature has wholly failed to act. The election officials ... ...
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Sims v. Frink
... ... Hare, 1962, 369 U.S. 429, 82 S.Ct. 910, 8 L.Ed. 2d 1 (see Waid v. Pool, 255 Ala. 441, 51 So.2d 869), or even since that decision (see Ex parte Rice, Ala.1962, 143 So.2d 848). However, in the light of the constitutional principles announced in Baker v. Carr, supra, such failures on the parts ... ...