State ex rel. Ducourneau v. Langan
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Broavne. Petition for mandamus by the State, on the relation of Leon Ducourneau, to compel David Langan, as tax collector of the city of Mobile, to issue .to relator a license. From a judgment denying the writ, on sustaining a demurrer to the petition, relator appeals..
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Broavne. Petition for mandamus by the State, on the relation of Leon Ducourneau, to compel David Langan, as tax collector of the city of Mobile, to issue .to relator a license. From a judgment denying the writ, on sustaining a demurrer to the petition, relator appeals.. The petition alleges that the relator is a citizen of Mobile, and is conducting a liquor business in the city of Mobile, for which, he has a license; that Langan is tax collector of the .city of Mobile, and as such has the issuance of license; that it is necessary…
1Opinion of the Court
McCLELLAN, J. —
This is a petition for writ of mandamus to compel the issuance of a license to the relator to operate a theater or variety show wherein wines and vinous, spirituous, or malt liquors are sold or served.' Demurrer was sustained to the petition, and, petitioner declining to plead further, the writ was denied.
Regardless of the validity or invalidity of the ordinance prescribing territorial limits, within the city of Mobile, in which only the business here contemplated by the relator is licensable, we are of the opinion that the judgment of the circuit court is well rendered. It is…
2Cases cited3 opinions
- Dunbar v. FrazerSupreme Court of Alabama · 1885
- Ramagnano v. CrookSupreme Court of Alabama · 1887
- Taylor v. KolbSupreme Court of Alabama · 1892
3Cited by7 opinions
- State Board of Administration v. RoquemoreSupreme Court of Alabama · 1928
- Horn v. Dunn Brothers, Inc.Supreme Court of Alabama · 1955
- Barnes v. State Ex Rel. FergusonSupreme Court of Alabama · 1963
- Gardner v. StevensSupreme Court of Alabama · 1959
- Williams v. Hank's Ambulance ServiceSupreme Court of Alabama · 1997
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