State ex rel. Van Deusen v. Williams
Supreme Court of Alabama
. Heard before the Hon. Samuel B. Browne. The facts of the case are sufficiently stated in the opinion. “The authority of the Probate Court to issue licenses to retail vinous or spirituous liquors, as conferred by the statute, section 1544 of the Code of 1876, is ministerial, and not judicial in its nature.” — Grider v. Tally, 77 Ala. 422; Tally v. Grider, 66 Ala. 119. The notice given of this case was a compliance with section 106 of the Constitution, and sufficiently…
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. Heard before the Hon. Samuel B. Browne. The facts of the case are sufficiently stated in the opinion. “The authority of the Probate Court to issue licenses to retail vinous or spirituous liquors, as conferred by the statute, section 1544 of the Code of 1876, is ministerial, and not judicial in its nature.” — Grider v. Tally, 77 Ala. 422; Tally v. Grider, 66 Ala. 119. The notice given of this case was a compliance with section 106 of the Constitution, and sufficiently stated the substance of the act. — Lancaster v. Gafford, 139 Ala. 372; Wcdlace v. Board of Revenue, 140 Ala. 491.
1Opinion of the CourtDenson, J.
Thisi is a. proceeding by mandamus. instituted by John M. Van Deusen against the judge of probate of Mobile county, by which it is sought to compel the issuance, to the relator, of license to retail beer and other malt liquors at Mt. Vernon, in Mt. Vernon precinct in Mobile county. It is conceded that the relator complied with the statutory provisions leading up to the granting of the license, but the judge of probate refused to issue the license upon the ground that, by an act of the legislature, approved September 26th, 1903, the sale of spirituous, vinous and malt liquors at Mt. Vernon was…
2Cases cited2 opinions
- Dunbar v. FrazerSupreme Court of Alabama · 1885
- Harlan v. State ex rel. ClarkSupreme Court of Alabama · 1902
3Cited by22 opinions
- Gottstein v. ListerWashington Supreme Court · 1915
- State ex rel. Knox v. DillardSupreme Court of Alabama · 1916
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- Jones v. McDadeSupreme Court of Alabama · 1917
- First Nat. Bank v. SmithSupreme Court of Alabama · 1928
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