Legal Opinion

Gambill v. Endrich Bros.

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 9 opinions

Appeal from the City Court of Birmingham. Tried before the- I-Ion. Cpias. W. Ferguson. This action was brougiit by the appellees against the appellant, as license inspector of the city of Birmingham, to recover a license tax which they were forced to pay, under an ordinance of the city of Birmingham, for selling lager beer at wholesale.

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Appeal from the City Court of Birmingham. Tried before the- I-Ion. Cpias. W. Ferguson. This action was brougiit by the appellees against the appellant, as license inspector of the city of Birmingham, to recover a license tax which they were forced to pay, under an ordinance of the city of Birmingham, for selling lager beer at wholesale. The 'trial was had by the court below on an agreed statement of facts, and a judgment was rendered in favor of the plaintiffs, from which the present appeal is prosecuted. The facts of the case necessary to an understanding of the decision are sufficiently set…

1Opinion of the CourtLowdell, J.

This is a suit brought by the appellees to recover back a license tax, which they were forced to pay under an ordinance of the city of Birmingham for selling lager beer at wholesale. The trial was had by the court below on an agreed statement of facts, and a judgment was rendered in favor of the plaintiffs, from which the present appeal is prosecuted.

*508Tlie question, presented in this case is whether or not the municipality of the city of Birmingham, under its charter, has the power and authority to segregate lager beer from spirituous, vinous or malt liquors in prescribing and fixing license…

2Cases cited4 opinions

  1. Ex parte CowertSupreme Court of Alabama · 1890
  2. City of Mobile v. RichardsSupreme Court of Alabama · 1893
  3. Mayor of Tuscaloosa v. HolczsteinSupreme Court of Alabama · 1902
  4. City of Mobile v. Craft & Co.Supreme Court of Alabama · 1891

3Cited by9 opinions

  1. Schmidt v. City of IndianapolisIndiana Supreme Court · 1907
  2. Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
  3. Ex parte RoweAlabama Court of Appeals · 1912
  4. Hill Grocery Co. v. StateAlabama Court of Appeals · 1935
  5. American Tobacco Co. v. City of DanvilleSupreme Court of Virginia · 1919

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