Western Railway v. Capital Brewing & Ice Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Mandamus by the Capital Brewing & Ice Company to compel the Western Bailway of Alabama to accept and transport as freight beer from the city of Montgomery to the city of Opelika, in Lee county, Ala., both of which cities were on appellant’s line of railway. From a decree granting the mandamus as prayed, respondents appeal.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Mandamus by the Capital Brewing & Ice Company to compel the Western Bailway of Alabama to accept and transport as freight beer from the city of Montgomery to the city of Opelika, in Lee county, Ala., both of which cities were on appellant’s line of railway. From a decree granting the mandamus as prayed, respondents appeal. The petition alleges in effect that petitioner is engaged in the manufacture of ice, beer, and other articles, and that it has obtained and paid license as a manufacturer of malt liquors, and that it…
1Opinion of the CourtSimpson, J.
As stated by the appellee in its brief: “The sole question presented by this appeal is whether or not the present laws of Alabama prohibit the shipment of beer from Montgomery county, a county which has voted for the legalized sale of liquors, by private dealers under a license, to Lee county, a county which has not yet voted upon this question.”
On August 9, 1909, was approved the “Act to promote temperance,” etc., the first section-of which defines what “prohibited liquors and beverages” means, and the third section of which prohibits the sale, manufacture, etc., “of the prohibited liquors…
2Cited by7 opinions
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- Southern Express Co. v. I. Brickman & Co.Supreme Court of Alabama · 1914
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