Case Details

Issues

Opinions

Filing State

TN

Court

Tennessee Supreme Court

Year

1949

Citation

Cummings v. Beeler, 223 S.W.2d 913 (Tenn. 1949)

Resolution

State agencies have a duty to act in accordance with Attorney General opinions.

Case Description

The attorney general of Tennessee had issued an opinion that a law requiring the expenditure of funds was unconstitutional. The Tennessee Supreme Court did not speak in terms of whether state officials are bound by the attorney general’s opinion. Rather, the Court spoke in terms of duty: “State officials are presumed to do their duty and we feel sure and have no hesitancy in saying that they will and do do their duty as they see it. Would it not be the duty of the Comptroller to refuse to approve these warrants when he knows that his official legal advisor has held that the act under which these warrants were to be issued was illegal, invalid and unconstitutional”