Legal Opinion

Johnston v. State

Alabama Court of Appeals

Decided March 12, 1918No. 4 Div. 554PublishedCited by 5 opinions

Appeal from Circuit Court, Pike County; A. B. Foster, Judge. R. H. Johnston was convicted of peddling without a license, and he appeals.

1Opinion of the CourtSamford, J.

The theory of the state was that the defendant’s method of selling his wares was an attempted evasion of the revenue laws of the state. The law abhors dodgers, and will not tolerate subterfuges. In passing on this appeal, this court cannot do better than to quote at length the opinion of the learned judge trying the case, which is here quoted and adopted, as follows:

“He is employed by the Jewel Tea Company, a_ foreign corporation, upon a salary payable to him weekly. That he drives a wagon owned by them. That he makes regular trips and has regular customers. That he visits each place every…

2Cases cited3 opinions

  1. Ballou v. StateSupreme Court of Alabama · 1888
  2. Keller v. StateSupreme Court of Alabama · 1898
  3. Ex parte MurraySupreme Court of Alabama · 1890

3Cited by5 opinions

  1. Sanford v. City of ClantonAlabama Court of Appeals · 1943
  2. City of Anniston v. Jewel Tea Co.Alabama Court of Appeals · 1920
  3. State v. Coca Cola Bottling Works, Inc.Alabama Court of Appeals · 1940
  4. City of Roanoke v. RobertsonAlabama Court of Appeals · 1940
  5. City of Anniston v. Jewel Tea Co.Alabama Court of Appeals · 1920

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