Welch v. Mayor of Marion
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. .Tried before Hon. J. Q. Smith. The appellant brought this action against the appellee (the Mayor and City Council of Marion) to recover amounts paid by him, under protest, to the corporate authorities of Marion for a license to carry on the business of retailing spirituous and vinous liquors within the corporate limits of the town of Marion. ■ The gravamen of the complaint was, that appellant paid for and took out, on the 3d day of…
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Appeal from the Circuit Court of Perry. .Tried before Hon. J. Q. Smith. The appellant brought this action against the appellee (the Mayor and City Council of Marion) to recover amounts paid by him, under protest, to the corporate authorities of Marion for a license to carry on the business of retailing spirituous and vinous liquors within the corporate limits of the town of Marion. ■ The gravamen of the complaint was, that appellant paid for and took out, on the 3d day of January, 1870, “ a license to retail spirituous liquors, from both the State and county,” authorizing him to carry on his…
1Opinion of the CourtPeters, J.
The practice of taking an appeal from an order of non-suit • taken in consequence of rulings on the pleadings, has been recently condemned by this court as inadmissible under our statute. The decision on the demurrer can not be reviewed on appeal in this way. — Darden v. James, January term, 1872, and authorities there cited. There might have been a judgment final on the demurrer, if the plaintiff failed or refused to plead over, and from this judgment an appeal might have been taken to this court. The above decision necessitates the affirmance of the judgment in this case; and this opinion…
2Cases cited9 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- In re the Mayor of New-YorkNew York Supreme Court · 1814
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
- Brent v. StateSupreme Court of Alabama · 1869
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3Cited by5 opinions
- Wyatt v. EvinsSupreme Court of Alabama · 1875
- Bailey v. MingeAlabama Court of Appeals · 1917
- Smith v. BaldwinSupreme Court of Alabama · 1939
- City of Chicago v. WilkieAppellate Court of Illinois · 1900
- Mathis v. OatesSupreme Court of Alabama · 1876