City Council v. Kelly
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. William H. Thomas. The appellee in this case, William Kelly, was arrested and fined by the recorder of the City of Montgomery for issuing trading stamps, checks or devices of like kind, to his customers, without having obtained a license therefor, as provided by an ordinance of the city council of Montgomery. He appealed to the city court of Montgomery, where the case was tried de novo.
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Appeal from the City Court of Montgomery. Tried before the Hon. William H. Thomas. The appellee in this case, William Kelly, was arrested and fined by the recorder of the City of Montgomery for issuing trading stamps, checks or devices of like kind, to his customers, without having obtained a license therefor, as provided by an ordinance of the city council of Montgomery. He appealed to the city court of Montgomery, where the case was tried de novo. In the city court the case was tried' upon agreed statement of facts, and upon said facts toe court gave the general affirmative charge in favor…
1Opinion of the CourtSimpson, J.
As shown by the agreed statement of facts, set out in this case, the ordinance of the city of Montgomery provided a regular license for wholesale ■and retail merchants, die amount of the license fee in each case, being regulated by the amount of the stock oi merchandise carried by the merchant, and by another ordinance (§ 905) provided that each person, firm or corporation engaged in any business for which a license is required and failing to pay said license should be fined not less than ten nor more than one hundred dol1 ar s.
Subsequently the city council passed another ordinance, fixing a…
2Cases cited11 opinions
- People v. . GillsonNew York Court of Appeals · 1888
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Phœnix Carpet Co. v. StateSupreme Court of Alabama · 1897
- Young v. CommonwealthSupreme Court of Virginia · 1903
- Long v. StateCourt of Appeals of Maryland · 1891
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3Cited by55 opinions
- People v. VictorMichigan Supreme Court · 1939
- State v. WilsonSupreme Court of Kansas · 1917
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
- State v. GoldsteinSupreme Court of Alabama · 1922
50 more not listed; retrieve them via the Exa API.