Harlan v. State ex rel. Clark
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. The State of Alabama on the relation of T. L. Clark filed its pettiion addressed to Hon. N. D. Denson, Judge of the Fifth Judicial Circuit of Alabama, asking for the issuance of a writ of mandamus directed to the appellant, J. J. Harlan as judge of probate, of Tallapoosa county, commanding him to issue to the petitioner Clark a license as a retail liquor dealer in the town of Camp Hill in said…
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. The State of Alabama on the relation of T. L. Clark filed its pettiion addressed to Hon. N. D. Denson, Judge of the Fifth Judicial Circuit of Alabama, asking for the issuance of a writ of mandamus directed to the appellant, J. J. Harlan as judge of probate, of Tallapoosa county, commanding him to issue to the petitioner Clark a license as a retail liquor dealer in the town of Camp Hill in said county. It was averred in said petition that the petitioner had applied to the said J. J. Harlan as probate judge of said…
1Opinion of the CourtTyson, J.
— This appeal is prosecuted from a judgment granting a Avrit of mandamus to compel the respondent to issue a retail liquor license to the relator as required by section 3520 of the Code. The first question presented upon the record is, Avhether the act of the respondent in refusing the license Avas a judicial and not a ministerial one. Confessedly if his act in refusing the license Avas judicial, the motion of respondent to quash Lie alternative writ should have been granted. And so, too, the demurrer to the'petition was Avell taken. For it is settled beyond controversy, by many decisions of…
2Cases cited7 opinions
- Grider v. TallySupreme Court of Alabama · 1884
- Phœnix Carpet Co. v. StateSupreme Court of Alabama · 1897
- Thompson v. ThompsonSupreme Court of Alabama · 1894
- Mitchell v. State ex rel. Florence DispensarySupreme Court of Alabama · 1901
- Dunbar v. FrazerSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Merrill v. MerrillSupreme Court of Alabama · 1954
- State ex rel. Van Deusen v. WilliamsSupreme Court of Alabama · 1904
- Hays v. LemoineSupreme Court of Alabama · 1908
- Central of Georgia Ry. Co. v. Railroad Commission of AlabamaDistrict Court, M.D. Alabama · 1908
- State Ex Rel. Smith v. JusticeSupreme Court of Alabama · 1917
4 more not listed; retrieve them via the Exa API.