McClure v. State
Alabama Court of Appeals
Appeal from Probate Court, Clarke County; Coma Garrett, Jr., Judge. Petition by Frank McClure for a writ of habeas corpus to obtain a release from arrest. From an order denying the writ, he appeals. The commissioners’ court derived its authority to levy this tax from Acts 1915, p. 573 (section 13) and their rules must be strictly construed. 16 Ala.
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Appeal from Probate Court, Clarke County; Coma Garrett, Jr., Judge. Petition by Frank McClure for a writ of habeas corpus to obtain a release from arrest. From an order denying the writ, he appeals. The commissioners’ court derived its authority to levy this tax from Acts 1915, p. 573 (section 13) and their rules must be strictly construed. 16 Ala. App. 353, 78 South. 100'; 129 Ala. 275, 30 South. 94. The tax must be levied on owners and not upon the property, and upon vehicles used upon the public road and not upon the roads. 117 Ala. 190, 23 South. 141. Section 4 of the rules and…
1Opinion of the CourtSamford, J.
The appellant was arrested on a charge of violating a rule or regulation promulgated hy the court of county commissioners of Clarke county levying a vehicle tax for the privilege of using vehicles on the roads of the county. He sued out a writ of habeas corpus, alleging that the ordinance which he was charged with violating was invalid.
[1] The first contention is that the ordinance’ was not adopted at a term of the court authorized by law. The minutes of the court show the proper organization of the regular term of the court in February and regular adjournment and organization from time to…
2Cases cited13 opinions
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Matkin v. Marengo CountySupreme Court of Alabama · 1902
- Mills v. Court of Com'rsSupreme Court of Alabama · 1920
- Dunlap v. StateAlabama Court of Appeals · 1918
- Foshee v. StateAlabama Court of Appeals · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rountree Farm Co. v. Morgan CountySupreme Court of Alabama · 1947
- Hill v. MoodySupreme Court of Alabama · 1922
- Department of Industrial Relations v. West Boylston Mfg. Co.Supreme Court of Alabama · 1949
- Department of Ind. Rel. v. West Boylston Mfg. Co.Supreme Court of Alabama · 1949