State v. Agee
Supreme Court of Alabama
Erom the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case was prosecuted in the County Court, by complaint and warrant of arrest, on- the charge that he “did, after the 15th January, 1888, engage in, or carry on the business of an itinerant dealer in- fruit trees, vines, shrubs or plants, without first having paid and taken out the license required by law for carrying ■ on said business.”
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Erom the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case was prosecuted in the County Court, by complaint and warrant of arrest, on- the charge that he “did, after the 15th January, 1888, engage in, or carry on the business of an itinerant dealer in- fruit trees, vines, shrubs or plants, without first having paid and taken out the license required by law for carrying ■ on said business.” In that court he was found guilty as charged, and took an appeal to the City Court. On the trial in that court, it was admitted, as the bill of exceptions…
1Opinion of the CourtSomerville, J.
— The defendant was prosecuted and found guilty of carrying on the business of an “itinerant dealer in fruit trees, vines, shrubs or plants,” without a license, after the act of January 15th, 1887, which exacts a license of fifty dollars from dealers of this class. — Acts 1886-87, p. 36, § 5, sub-div. 10. The City Court decided the act to be unconstitutional, as an attempted regulation of commerce between the States.
The present appeal is taken by the State under, the provisions of section 4515 of the Code of 1886, which reads as follows: “In all criminal cases, when the act of the legislature…
2Cases cited3 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Corson v. MarylandSupreme Court of the United States · 1887
- State v. BauermanSupreme Court of Alabama · 1882
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- Stratford v. City Council of MontgomerySupreme Court of Alabama · 1895
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- Ford Motor Co. v. Hall Auto Co.Supreme Court of Alabama · 1933
- Ballou v. StateSupreme Court of Alabama · 1888
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