Dunbar v. Frazer
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the ITon. James E. Cobb. The appellant in this case, F. M. Dunbar, applied by petition to the presiding judge of the third judicial circuit, which circuit includes the county of Lee, asking a mandamus to the Hon. Titos.
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Appeal from the Circuit Court of Lee. Tried before the ITon. James E. Cobb. The appellant in this case, F. M. Dunbar, applied by petition to the presiding judge of the third judicial circuit, which circuit includes the county of Lee, asking a mandamus to the Hon. Titos. L. Frazer, the judge of probate of said county, requiring him to issue and grant to the petitioner a license to sell spirituous liquors in the town of Opelika for and during the year 1886. On the filing of the petition, an alternative writ of mandamus was granted and issued, returnable to the next term of the Circuit Court.…
1Opinion of the CourtSomerville, J.
Prior to the act approved February 17th, 1885, found on pages 179 to 181 of the Acts of 1884-85, amendatory of section 1544 of the Code of 1876, as to the county of Lee and other counties in the State, it was held that the authority of the probate judge to issue license to retail vinous or spirituous liquors, as conferred by the statutes then in existence, was ministerial, and not judicial -in its nature. Grider v. Tally, 77 Ala. 422; Tally v. Grider, 66 Ala. 119. In Russell v. The State, 77 Ala. 89, which was the last deliverance of this court on the subject, it was left an open question, as…
2Cases cited8 opinions
- Grider v. TallySupreme Court of Alabama · 1884
- Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
- Ex parte HarrisSupreme Court of Alabama · 1875
- Mobile Mutual Insurance v. ClevelandSupreme Court of Alabama · 1884
- Ex parte ThompsonSupreme Court of Alabama · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Harper v. StateSupreme Court of Alabama · 1895
- Sheppard v. DowlingSupreme Court of Alabama · 1899
- Ex parte WattersSupreme Court of Alabama · 1913
19 more not listed; retrieve them via the Exa API.