Southern Express Co. v. I. Brickman & Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Petition by I. Brickman & Company, for mandamus to compel the Southern Express Company, a common carrier, to receive and transport a shipment of liquors to a party in another part of the state who was not a liquor dealer, hut where it was lawful to sell liquor. From an order granting the petition respondent appeals. The court erred in overruling the fifth ground of demurrer assigned.—Wes.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Petition by I. Brickman & Company, for mandamus to compel the Southern Express Company, a common carrier, to receive and transport a shipment of liquors to a party in another part of the state who was not a liquor dealer, hut where it was lawful to sell liquor. From an order granting the petition respondent appeals. The court erred in overruling the fifth ground of demurrer assigned.—Wes. Ry. v. Capitol B. Co., 59 South. 52; Hauser v. State, 60 South. 549. The Parks and Smith Rills did not expressly repeal the Puller and…
1Opinion of the Court
de GRAFFENRIED, J.
The only question which,' in this case, we are called upon to determine, is whether or not the present laws of the state prohibit the shipment from the city of Montgomery, Ala., by a liquor dealer, doing business as such, in said city of Montgomery, in which the sale of intoxicating liquors has been legalized to a person not a liquor dealer at Troy, Ala.; the city of Troy being also a city in which the sale of intoxicating liquors has been legalized. The court below held that such a shipment could be legally made, and the Southern Express Company appeals.
1. It is conceded by…
2Cases cited3 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Hauser v. StateAlabama Court of Appeals · 1912
- Western Railway v. Capital Brewing & Ice Co.Supreme Court of Alabama · 1912
3Cited by8 opinions
- Department of Industrial Relations v. DrummondAlabama Court of Appeals · 1941
- State v. Helburn Co.Supreme Court of Alabama · 1959
- Southern Express Co. v. StateSupreme Court of Alabama · 1914
- American Bakeries Co. v. City of OpelikaSupreme Court of Alabama · 1934
- Birmingham Realty Co. v. City of BirminghamSupreme Court of Alabama · 1921
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