Legal Opinion

State Ex Rel. Wilkinson v. Murphy

Supreme Court of Alabama

Decided January 31, 1939No. 6 Div. 431PublishedCited by 96 opinions

1Opinion of the Court

GARDNER, Justice.

The quo warranto proceeding is rested upon the theory that the Alabama Alcoholic Beverage Control Act (General Acts, Extra Session 1936-37, page 40) is void as violative of section 93 of our State Constitution, the here material provisions of which read as follows: “The state shall not engage in works of internal improvement, nor lend money or its credit in aid of such; nor shall the state be interested in any private or corporate enterprise, or lend money or its credit to any individual, association, or corporation.”

The courts, in the exercise of their power to annul a…

2Cases cited56 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. South Carolina v. United StatesSupreme Court of the United States · 1905
  3. Helvering v. GerhardtSupreme Court of the United States · 1938
  4. Ohio v. HelveringSupreme Court of the United States · 1934
  5. Ellis v. United StatesSupreme Court of the United States · 1907

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

3Cited by96 opinions

  1. Alabama State Federation of Labor v. McAdorySupreme Court of Alabama · 1944
  2. Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
  3. Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
  4. Pickett v. MatthewsSupreme Court of Alabama · 1939
  5. White v. Reynolds Metals Co.Supreme Court of Alabama · 1989

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

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