Reports of Cases Argued And Determined in the Supreme Court of ..., volume 181
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 181
Alabama Supreme Court
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Allen, 1 N. J. Eq. 43, 21 Am. Dec. 33, involved the effect of a nonobservance of statutory provisions with respect to taking certain kinds of bonds — assur- ances against conduct or to pay money. The decision in the Beawfage Case is fully stated in Claasen v. Shaw, 5 Watts (Pa.) 468, 30 Am. Dec. 338. The former was Digitized by LjOOQIC 181 1 OF ALABAMA. 205 [Realty Investment Co. v. City of Mobile.] followed in Smith v. A lien, supra. Of course, in neither of them was a mandatory constitutional... prescription a factor. If a question of construction was here presented, the language quoted from Houseman v. Commonwealth, 100 Pa. 222, 232, and Dorman v. State, 34 Ala. 216, 238, would be apt ; but, since the mandatory prescription as to form of ballot, in section 222, is plain and unambigu- ous, "no room is left for construction." — Ex parte Mayor, etc., 78 Ala. 423; State v. McGough, 118 Ala. 166-7, 24 South. 395; Cooley's Const. Lim. 68. The sole question here is: Has the imperative constitutional command been obeyed?
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