Morgan v. Mayor of Mobile
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. James Q. Smith. The appellant in this case was charged with the violation of an ordinance of the city of Mobile, prohibiting the retailing of spirituous liquors within the city limits without a license from the city authorities, and was found guilty by the mayor.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. James Q. Smith. The appellant in this case was charged with the violation of an ordinance of the city of Mobile, prohibiting the retailing of spirituous liquors within the city limits without a license from the city authorities, and was found guilty by the mayor. On the trial in the Circuit Court, to which the case was removed by appeal on the part of the defendant, as appears from the bill of exceptions, the only question was, whether the defendant’s bar-room, at which the act of retailing was committed, was within the city…
1Opinion of the CourtBrickell, J.
— When the charge was preferred against the appellant, as appears from the record, the southern boundary line of the city of Mobile was not marked by any visible monuments, and there was no recorded survey of it. It was then an ancient boundary, capable of being proved only by reputation and the user of the city authorities. This being true, the evidence offered should have been received. Whatever may be the true rule in reference to private boundaries, it is very well settled, on authority, that the territorial boundaries of public municipal jurisdictions, when they grow to be ancient, and…
2Cases cited1 opinion
- Doe ex dem Miller v. CullumSupreme Court of Alabama · 1843
3Cited by7 opinions
- Tidwell v. StateSupreme Court of Alabama · 1881
- Russell v. C. N. Robinson & Co.Supreme Court of Alabama · 1907
- Ullman Bros. v. StateAlabama Court of Appeals · 1918
- Elmore County v. Tallapoosa CountySupreme Court of Alabama · 1930
- Tillis v. StateSupreme Court of Alabama · 1928
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