Davis v. City of Fitzgerald

The plaintiff in error was tried in the mayor's court of Fitzgerald for the violation of an ordinance forbidding the keeping on hand of intoxicating liquors for sale. He filed a plea in abatement, setting up that the city had no authority to pass the ordinance in question, for the reason that the section of the act incorporating the City of Fitzgerald does not authorize the mayor and council to penalize the keeping of intoxicating liquor on hand for illegal sale, but, on the contrary, authorizes the municipality to provide an ordinance for furnishing such liquors. The original act of the…