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BOATWRIGHT v. MITCHELL

1971093.

720 So.2d 916 (1998)

Carl BOATWRIGHT, tax collector of Marshall County v. Tim MITCHELL, judge of probate of Marshall County.

Supreme Court of Alabama.

August 21, 1998.

Attorney(s) appearing for the Case

T.J. Carnes of Carnes & Carnes, P.C., Albertville, for appellant.

Steven T. Marshall of McLaughlin & Marshall, L.L.C., Guntersville, for appellee.

PER CURIAM.

The sole question presented by this appeal is the constitutionality of 1991 Ala. Acts, Act No. 91-491. That Act became law on July 29, 1991, and modifies certain sections of Title 40, Ala.Code 1975, as they pertain to the duties of the judge of probate of Marshall County. Carl Boatwright, the tax collector of Marshall County, sued for a judgment declaring the Act to violate § 104(15) and § 105 of the Alabama Constitution of 1901. The circuit...

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