Legal Opinion

Crum v. Town of Prattville

Supreme Court of Alabama

Decided May 20, 1908PublishedCited by 5 opinions

'Violation of Municipal Ordinance. Appeal from Autauga Circuit Court. Heard before Hon. S. L. Brewer. L. V. Crum was convicted of retailing goods, wares and merchandise without having taken out a municipal license therefor, and he appeals.

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'Violation of Municipal Ordinance. Appeal from Autauga Circuit Court. Heard before Hon. S. L. Brewer. L. V. Crum was convicted of retailing goods, wares and merchandise without having taken out a municipal license therefor, and he appeals. The powers of a municipal corporation are those granted in express words; those necessarily or fairly to be implied or incident to the powers granted, and those essential to the declared objects and purposes of the corporation.— Greensboro v. Bhrenreich, 80 Ala. 579; New Decatur v. Berry, 90 Ala. 432; Smith v. Newborn, 16 Am. Rep. 766. On these authorities…

1Opinion of the CourtHaralson, J.

The defendant, L. Y. Crum, was arrested on affidavit and warrant, and was tried by the intenda.nt of the town of Prattville, and fined $20, on the charge of carrying on business in said town, without a license, as required under subdivision 2, § 134, of the Code of said town. He appealed to the circuit court, where he was charged on complaint, with “retailing-goods, wares, or merchandise, within the corporate lim*156its of said town, without haying- obtained a license therefor, as provided by the ordinance of said town.”

Several questions are presented, on assignments, of error, which we deem it.…

2Cases cited4 opinions

  1. Leisy v. HardinSupreme Court of the United States · 1890
  2. Leloup v. Port of MobileSupreme Court of the United States · 1888
  3. Asher v. TexasSupreme Court of the United States · 1888
  4. Lee v. Intendant & Town Council of LaFayetteSupreme Court of Alabama · 1907

3Cited by5 opinions

  1. Ford Motor Co. v. Hall Auto Co.Supreme Court of Alabama · 1933
  2. City of Roanoke v. Stewart Grocery Co.Supreme Court of Alabama · 1937
  3. Long v. Sherrill Terminal Co.Supreme Court of Alabama · 1939
  4. Tyson v. Jennings Produce Co.Alabama Court of Appeals · 1917
  5. City of Birmingham v. Sales Promotions, Inc.Alabama Court of Appeals · 1960

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