City of Uniontown v. State ex rel. Glass
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hon. Daniel Partridge, Jr. The state on tlie relation of Class filed a. petition in tlie nature of quo warranto, against tlie city of Union-town, its mayor and aldermen, and one Harwood, alleging that they were usurping and exercising an exclusive right and franchise to sell liquor in said town, with a prayer for ouster.
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Appeal from Perry Circuit Court. Heard before Hon. Daniel Partridge, Jr. The state on tlie relation of Class filed a. petition in tlie nature of quo warranto, against tlie city of Union-town, its mayor and aldermen, and one Harwood, alleging that they were usurping and exercising an exclusive right and franchise to sell liquor in said town, with a prayer for ouster. The respondents demurred separately, raising the question of misjoinder of parties, in that the dispenser, Harwood, is not shown to have any necessray connection with the other defendants, as Uniontown might have legally been…
1Opinion of the CourtTyson, J.
This is a proceeding in the nature of a quo warranto, instituted against the municipality of the city of Uniontown, its mayor and aldermen, and one Harwood, for the purpose of inquiring into their right to operate a dispensary for the sale of liquors, etc. It is averred in the information that the several parties “have usurped and exercised without grant, warrant, or authority of law, for a long space of time, to-wit, five months or more last past, and still continue to usurp and exercise, the privilege and franchise of operating a dispensary for the sale of vinous, spirituous, and malt…
2Cases cited3 opinions
- Wallace v. Board of Revenue of Jefferson CountySupreme Court of Alabama · 1903
- Mitchell v. State ex rel. Florence DispensarySupreme Court of Alabama · 1901
- People ex rel. Adams v. City of OaklandCalifornia Supreme Court · 1891
3Cited by19 opinions
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- State Ex Rel. Wilkinson v. AllenSupreme Court of Alabama · 1929
- First Nat. Bank v. SmithSupreme Court of Alabama · 1928
- Allen v. Walker CountySupreme Court of Alabama · 1967
- State ex rel. Sigsbee v. City of BirminghamSupreme Court of Alabama · 1908
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