State v. Parker
Alabama Court of Appeals
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Joseph Parker was prosecuted under a complaint charging a failure and refusal to pay a tax of three cents per barrel on three hundred barrels of oysters taken from the public reefs or private bedding grounds of the state of Alabama, for packing, canning, etc., or for sale. Demurrers were sustained to the complaint on account of the unconstitutionality of the statute,, and the State appeals.
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Joseph Parker was prosecuted under a complaint charging a failure and refusal to pay a tax of three cents per barrel on three hundred barrels of oysters taken from the public reefs or private bedding grounds of the state of Alabama, for packing, canning, etc., or for sale. Demurrers were sustained to the complaint on account of the unconstitutionality of the statute,, and the State appeals. The oysters of the state belong to the people of Alabama, and they may, through the legislature, adopt all precautions and regulations deemed…
1Opinion of the Court
WALKER, P. J. —
This was a prosecution against the appellee which was commenced by an affidavit or complaint, charging “that within 60 days Joseph Parker did fail or refuse to pay the tax of 3 cents per barrel on 300 barrels of systers caught and taken from the public reefs or private bedding grounds of the state of Alabama for packing, canning, shipping, or for sale, contrary to law, against the peace and dignity of the state of Alabama.” The court sustained a demurrer to the affidavit or complaint, upon the ground that “the act under which it is drawn is unconstitutional.”
The case is brought…
2Cases cited20 opinions
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- City Council v. KellySupreme Court of Alabama · 1904
- City of Chicago v. NetcherIllinois Supreme Court · 1899
- State v. StreetSupreme Court of Alabama · 1897
- Barrett v. City of MobileSupreme Court of Alabama · 1900
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. PoweAlabama Court of Appeals · 1939
- State Ex Rel. Porterie v. H. L. Hunt, Inc.Supreme Court of Louisiana · 1935
- Flynn, Welch & Yates, Inc. v. State Tax CommissionNew Mexico Supreme Court · 1934
- State v. LittleSupreme Court of Iowa · 1929
- Barnett v. StateAlabama Court of Appeals · 1924
4 more not listed; retrieve them via the Exa API.