Fourment v. State
Supreme Court of Alabama
Violating Nine O’Gloch Closing Law. Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Z. Frank Fourment was convicted of violating the liquor laws, and be applied for babeas curpus for bis discharge on the ground of the unconstitutionality of the law. From a judgment denying the writ, he appeals.
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Violating Nine O’Gloch Closing Law. Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Z. Frank Fourment was convicted of violating the liquor laws, and be applied for babeas curpus for bis discharge on the ground of the unconstitutionality of the law. From a judgment denying the writ, he appeals. Acts 19(>7, p. 518, is as follows: “An act to further regulate the opening, closing and operating saloons, and giving away or selling spirituous, vinous or malt liquors under a license from the state and to punish violations thereof. “Section 1. Be it enacted-by the Legislature of…
1Opinion of the CourtMcCLELLAN, J.
Where one is in custody which is predicated upon an assumed and exercised judicial jurisdiction of matter or person that it is asserted did not legally exist, habeas corpus is the remedy to institute an investigation of the existance of such jurisdiction; an inquiry very different from one involving the merely erroneous or irregular exercise of existent jurisdiction. Code 1896, § 4838; Exparte Sam, 51 Ala. 34; City of Selma v. Till, 42 South. 405; Church on Habeas corpus, §§ 356, 352. That this remedy, under the conditions defined, is appropriate, has, on several occasions, served to invite,…
2Cases cited5 opinions
- State ex rel. Attorney General v. BuckleySupreme Court of Alabama · 1875
- State v. DavisSupreme Court of Alabama · 1900
- Hall v. SteeleSupreme Court of Alabama · 1886
- Southern Railway Co. v. MitchellSupreme Court of Alabama · 1903
- Ex parte SamSupreme Court of Alabama · 1874
3Cited by12 opinions
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Ex Parte TannerSupreme Court of Alabama · 1929
- Ex Parte State Ex Rel. KnightSupreme Court of Alabama · 1934
- State ex rel. Attorney General v. SpeakeSupreme Court of Alabama · 1914
- Barton v. City of BessemerAlabama Court of Appeals · 1936
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