Smith v. Lancaster, 7 Div. 300
| Decision Date | 10 April 1958 |
| Docket Number | 7 Div. 300 |
| Parties | George Dewey SMITH v. J. T. LANCASTER et al. |
| Court | Alabama Supreme Court |
Lusk, Swann & Burns, Gadsden, for appellant.
Hawkins & Rhea, Gadsden, for appellees.
In his brief, appellant states the case as follows:
'This is an appeal by the plaintiff, as appellant, from a final decree in a suit filed for a declaratory judgment with respect to the constitutionality of an Act of the Legislature passed as a General Act and no notice given of intention to introduce. * * *.' (Emphasis supplied.)
The act involved is Act No. 429, approved August 27, 1953. 1953 Acts, Regular Session, page 529.
The act 'is alleged to be unconstitutional' by the following pertinent averments in the bill of complaint:
The prayer for relief in pertinent part is as follows:
'Wherefore, plaintiff prays * * * that upon a final decree this court will hold that said Act is unconstitutional and void and of no force and effect; * * *.'
§ 166 of Title 7, Code 1940, provides as follows:
(Emphasis supplied.)
It does appear from the record that the attorney general was ever 'served with a copy of the proceeding.' We have held that failure to serve the attorney general 'goes to the jurisdiction of the court,' that the 'absence of jurisdiction is apparent on the face of the record,' and that we must, take notice of our own want of jurisdiction apparent on the record. Wheeler v. Bullington, 264 Ala. 264, 87 So.2d 27, 29; Bond's Jewelry Company v. City of Mobile, 266 Ala. 463, 97 So.2d 582, 584; Busch Jewelry Company v....
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State v. State (In re State)
...Barger v. Barger , 410 So.2d 17 (Ala.1982) ; Sullivan v. Murphy , 279 Ala. 202, 183 So.2d 798 (1966) ; Smith v. Lancaster , 267 Ala. 366, 102 So.2d 1 (1958) ; Wheeler v. Bullington , 264 Ala. 264, 87 So.2d 27 (1956). Hence, when a party challenges the constitutionality of a state statute an......
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State v. State (In re State)
...jurisdictional. Barger v. Barger, 410 So. 2d 17 (Ala. 1982); Sullivan v. Murphy, 279 Ala. 202, 183 So. 2d 798 (1966); Smith v. Lancaster, 267 Ala. 366, 102 So. 2d 1 (1958); Wheeler v. Bullington, 264 Ala. 264, 87 So. 2d 27 (1956). Hence, when a party challenges the constitutionality of a st......
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Schillaci v. Gentry (Ex parte Gentry)
...to be heard." See Tucker v. Personnel Bd. of City of Dothan, 644 So.2d 8, 9 (Ala. Civ. App. 1994) (quoting Smith v. Lancaster, 267 Ala. 366, 367, 102 So.2d 1, 2 (1958) ) ("[O]ur Supreme Court has held ‘that failure to serve the attorney general "goes to the jurisdiction of the court," that ......
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Board of Trustees of Emp. Retirement System of City of Montgomery v. Talley, 3 Div. 456
...Co. v. City of Mobile, 266 Ala. 463, 97 So.2d 582; Busch Jewelry Co. v. City of Bessemer, 266 Ala. 492, 98 So.2d 50; Smith v. Lancaster, 267 Ala. 366, 102 So.2d 1; Cole v. Sylacauga Hospital Board, 269 Ala. 405, 113 So.2d 200; Town of Warrior v. Blaylock, 271 Ala. 685, 127 So.2d 618; City o......