Legal Opinion

Ex parte Cowert

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 61 opinions

The petitioner, Norris Cowert, was arrested, tried and convicted for the violation of an ordinance passed by the Mayor and Council of the town of Union Springs and adopted March 9,1891. This ordinance is copied in full in the opinion of this court. The said ordinance was passed under the supposed authority of an act of the General Assembly of Alabama approved February 18, 1891, and found on page 1169 of Sess. Acts of 1890-91. The title of this act is copied in the opinion.

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The petitioner, Norris Cowert, was arrested, tried and convicted for the violation of an ordinance passed by the Mayor and Council of the town of Union Springs and adopted March 9,1891. This ordinance is copied in full in the opinion of this court. The said ordinance was passed under the supposed authority of an act of the General Assembly of Alabama approved February 18, 1891, and found on page 1169 of Sess. Acts of 1890-91. The title of this act is copied in the opinion. The amendatory clause, so far as pertains to the present case, is in the following language: “And the said town council…

1Opinion of the CourtMoOLELLAN, J.

The petitioner is confined at hard labor on the streets of Union Springs, under a conviction and alternative sentence for a violation of an ordinance of that town which is in the following language: — “Section 1. It shall be unlawful for any firm, person or corporation to sell spirituous, vinous or malt liquors in any quantities, within the corporate limits of the town of Union Springs. Section 2. Any person violating- any of the provisions of section one (1) of this ordinance must, upon conviction thereof, be punished by a fine of one hundred dollars, and, in default of payment of said…

2Cases cited12 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Powell v. StateSupreme Court of Alabama · 1881
  3. Moog v. RandolphSupreme Court of Alabama · 1884
  4. Kettering v. City of JacksonvilleIllinois Supreme Court · 1869
  5. Ex parte ByrdSupreme Court of Alabama · 1887

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3Cited by61 opinions

  1. Harper v. StateSupreme Court of Alabama · 1895
  2. Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
  3. Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
  4. State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
  5. City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895

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

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