Adams v. Mayor of Albany
Supreme Court of Georgia
Certiorari, in Dougherty Superior Court. Decision by Judge Allen, at chambers. The facts of this case are as follows: ■ Bennett Adams was brought up before the Mayor of the city of Albany, (the honorable Richard F. Lyon) on a charge of selling spirituous liquors in quantities over one quart and permitting the same to be drank in his house.
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Certiorari, in Dougherty Superior Court. Decision by Judge Allen, at chambers. The facts of this case are as follows: ■ Bennett Adams was brought up before the Mayor of the city of Albany, (the honorable Richard F. Lyon) on a charge of selling spirituous liquors in quantities over one quart and permitting the same to be drank in his house. Defendant objected to being tried by the Mayor alone, claiming and insisting that he was entitled, under the charter of said city, to be tried by the Mayor and Council. This objection was overruled, and the trial proceeded before the Mayor alone. It…
1Opinion of the Court
— Stephens, J.
By the Court
delivering the opinion.
[1.] Was the ordinance a valid one ? The authority fosit must be derived from the charter of the .city, either the original or amended charter. The only clause in the old charter, claimed as conferring the power to pass this ordinance, is the one conferring power in general terms, to pass all by-laws, ordinances, &c., not inconsistent with the Constitution and State laws. But this ordinance is inconsistent with a State law A statute declares in effect that every citizen may sell liquor to white people in quantities of a quart or more, with but…
2Cited by9 opinions
- City of Atlanta v. HudginsSupreme Court of Georgia · 1942
- Callaway v. MimsCourt of Appeals of Georgia · 1908
- Law County Board v. SpartanburgSupreme Court of South Carolina · 1928
- Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
- Rothschild v. City of DarienSupreme Court of Georgia · 1883
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