Legal Opinion

City of Albany v. Cassel

Court of Appeals of Georgia

Decided October 22, 1912No. 4289PublishedCited by 5 opinions

Action on bond; from city court of Albany — Judge Crosland. May 22, 1912. The City of Albany, by an ordinance, required all persons who intended to engage in the “near beer” business in the city, as a condition precedent to engaging in such business, to give a bond in the sum of $300, conditioned, among other things, to keep an orderly place, and not to violate the State prohibition law, or any city ordinance regulating the “near beer” business.

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Action on bond; from city court of Albany — Judge Crosland. May 22, 1912. The City of Albany, by an ordinance, required all persons who intended to engage in the “near beer” business in the city, as a condition precedent to engaging in such business, to give a bond in the sum of $300, conditioned, among other things, to keep an orderly place, and not to violate the State prohibition law, or any city ordinance regulating the “near beer” business. H. Cassel paid the license to the city, required for 1912, and gave the bond required by the ordinance, and also paid the ordinary as required by the…

1Opinion of the CourtHill, C. J.

(After stating the foregoing facts.)

1. This court held in Campbell v. City of Thomasville and Jones v. Mayor and Council of Waycross, 6 Ga. App. 212 (64 S. E. 815), that it is a reasonable regulation for a city to require any one engaged in selling “near beer” in .the municipality to give to the city a good and solvent bond, conditioned that he will keep an orderly house, will not violate the State liquor laws, and will obey the ordinances of the city, regulating the business. We are asked to review these two cases on this point. We decline to do so, as, in our opinion, the law as therein…

2Cases cited5 opinions

  1. Campbell v. City of ThomasvilleCourt of Appeals of Georgia · 1909
  2. Lyman v. Shenandoah Social ClubAppellate Division of the Supreme Court of the State of New York · 1899
  3. Cullinan v. BurkardAppellate Division of the Supreme Court of the State of New York · 1904
  4. Shirley v. TerrellSupreme Court of Georgia · 1910
  5. Brown v. CommonwealthSupreme Court of Pennsylvania · 1886

3Cited by5 opinions

  1. State v. WipkeSupreme Court of Missouri · 1939
  2. State v. CalantiSupreme Judicial Court of Maine · 1946
  3. State v. VienupSupreme Court of Missouri · 1941
  4. Accident and Casualty Ins. Co. v. CookCourt of Appeals of Georgia · 1945
  5. State ex rel. Summers v. Lake Tavern, Inc.Idaho Supreme Court · 1954

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