Legal Opinion

Fulton v. State

Supreme Court of Alabama

Decided January 31, 1911PublishedCited by 25 opinions

Appeal from Birmingham City Court, Heard before Hon. H. A. Sharpe. Bill by the State on the relation of the Attorney General against C. L. Fuller and others, to abate a liquor nuisance. From a decree overruling demurrers to the bill, and denying the motion to dissolve the injunction and discharge the writ of seizure, defendant’s appeal.

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Appeal from Birmingham City Court, Heard before Hon. H. A. Sharpe. Bill by the State on the relation of the Attorney General against C. L. Fuller and others, to abate a liquor nuisance. From a decree overruling demurrers to the bill, and denying the motion to dissolve the injunction and discharge the writ of seizure, defendant’s appeal. The Carmichael and Fuller Bills were repealed by the Acts of 1909, readopting the Code, and by section 10 of the Code.— Maxwell v. The State, 89 Ala. 161; Coe v. Lawrence, 1 7. & B. 516; City of Montgomery v. Wyehe, in MSS. 26 A. & E. Enc. of Law, 1598;…

1Opinion of the CourtMayfield, J.

This bill Avas filed by the state, on the relation of the Attorney General, to abate and enjoin a “liquor nuisance,” as defined and provided for by two acts of the Legislature, one known as the “Carmichael Act,” and the other as the “Fuller Act.” — Acts 1909, pp. 8, 63. The bill also prayed for a writ of seizure to issue as for the goods and chattels alleged to be used in connection Avith, and in carrying on, the nuisance, all of which is provided for in the two acts of the Legislature to which reference is made. Upon the filing *576of tlie bill, verified by affidavit, and its material averments…

2Cases cited24 opinions

  1. Atkins v. Disintegrating Co.Supreme Court of the United States · 1874
  2. Maxwell v. StateSupreme Court of Alabama · 1889
  3. State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
  4. Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
  5. Wyman v. CampbellSupreme Court of Alabama · 1838

19 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  2. Ex Parte HillSupreme Court of Alabama · 1935
  3. Commonwealth v. United Food Corp.Massachusetts Supreme Judicial Court · 1978
  4. King v. CommonwealthCourt of Appeals of Kentucky · 1922
  5. Southern Railway Co. v. JordanSupreme Court of Alabama · 1915

20 more not listed; retrieve them via the Exa API.

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