Southern Express Co. v. State
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Suit by tbe State, by its solicitor, against tbe Southern Express Company to enjoin the maintenance of a whisky nuisance. From a decree overruling demurrers to the bill, and a motion to dissolve a temporary injunction, defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Suit by tbe State, by its solicitor, against tbe Southern Express Company to enjoin the maintenance of a whisky nuisance. From a decree overruling demurrers to the bill, and a motion to dissolve a temporary injunction, defendant appeals. The bill alleges in effect that the Southern Express Company is a common carrier in and through Morgan county, Ala., • doing an inter and intra state business, and in Decatur and other points in said county it maintains depots, warehouses, -or storage places where goods received by it…
1Opinion of the Court
de GRAFFENRIED, J.
The Carmichael bill (Acts Sp. Sess. 1909, pp.8-13) and the Fuller bill (Acts Sp. Sess. 1909, pp. 63-96) are expressive of the law of this state on the subject of intoxicating liquors and beverages, except in so- far as their provisions have been expressly or impliedly repealed by the Parks bill (Gen-Acts 1911, pp. 26-31) and the Smith bill (Gen. Acts 1911, pp. 249-288).—Southern Express Co. v. I. Brickman Co., 187 Ala. 637, 65 South. 954; State ex rel. Crumpton v. Montgomery, 177 Ala. 212, 59 South. 294; Western Railway v. Capital Brewing Co., 177 Ala. 149, 59 South. 52;…
2Cases cited33 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Mugler v. KansasSupreme Court of the United States · 1887
- Brown v. MarylandSupreme Court of the United States · 1827
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
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3Cited by21 opinions
- Gottstein v. ListerWashington Supreme Court · 1915
- Southern Express Co. v. WhittleSupreme Court of Alabama · 1915
- West Virginia v. Adams Express Co.Court of Appeals for the Fourth Circuit · 1915
- Glenn v. Southern Express Co.Supreme Court of North Carolina · 1915
- Lovett v. StateAlabama Court of Appeals · 1941
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