Cooke v. Loper
Supreme Court of Alabama
Appeal from the Bessemer City Court. Hoard before Hon. William Jackson. Petition for mandamus by J. B. Loper to compel C. T. Ooolce, the clerk of the city court of Bessemer, to issue him a license for the sale of liquor by retail. The city court awarded the rule nisi, and from this judgment this appeal is prosecuted by defendant.
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Appeal from the Bessemer City Court. Hoard before Hon. William Jackson. Petition for mandamus by J. B. Loper to compel C. T. Ooolce, the clerk of the city court of Bessemer, to issue him a license for the sale of liquor by retail. The city court awarded the rule nisi, and from this judgment this appeal is prosecuted by defendant. The city of Bessemer has the authority to license, regulate and restrain the sale, giving away of spirituous liquors. — Acts 1900-01, p. 478; Smith v. Warrior, 99 Ala. 481. The state has the power to prohibit it as to a class that it deems unfit to engage in the…
1Opinion of the CourtDenson, J.
This is a proceeding by mandamus to compel the respondent, as clerk of the city of Bessemer, to issue to the petitioner a license to' retail vinous, spirituous, and malt liquors at No. 113 Twenty-First street, in said city. There are 28 grounds set down in the assignment of errors; but we think the discussion of only a few of these will bring us to an intelligent conclusion with respect to the vital issues in the cause, without the necessity of pursuing in detail its meanderings through the city court.
The charter of the city, approved December 13, 1900 (Acts 1900-01, p. 444), confers on the…
2Cases cited13 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Mugler v. KansasSupreme Court of the United States · 1887
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Ex parte CowertSupreme Court of Alabama · 1890
- Thompson v. StateSupreme Court of Alabama · 1893
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3Cited by9 opinions
- Mitchell v. City of BirminghamSupreme Court of Alabama · 1931
- Hale v. StateSupreme Court of Alabama · 1928
- Birmingham Ry., Light & Power Co. v. KyserSupreme Court of Alabama · 1919
- Diamond v. New York Life Ins.Court of Appeals for the Seventh Circuit · 1931
- State ex rel. Dally v. WoodallSupreme Court of Alabama · 1932
4 more not listed; retrieve them via the Exa API.