Legal Opinion

Ex parte Rowe

Alabama Court of Appeals

Decided May 7, 1912PublishedCited by 16 opinions

Appeal from Tallapoosa Probate Court. Heard before Hon. G. J. Sorrell. Petition for habeas corpus by Whit Rowe. • From an order denying tbe petition, petitioner appeals.

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Appeal from Tallapoosa Probate Court. Heard before Hon. G. J. Sorrell. Petition for habeas corpus by Whit Rowe. • From an order denying tbe petition, petitioner appeals. Tbe agreed statement of facts were that tbe town of Camp Hill regularly passed an ordinance prohibiting tbe keeping in said town of pool tables, and prohibiting tbe operation of pool tables in said town; that tbe ordinance was regularly passed, and that it was a valid ordinance of said town, if tbe town possessed tbe authority to pass such an ordinance. That tbe petitioner operated pool tables in said town after said…

1Opinion of the Court

nn GRAFFENRIED, J.

Section 1341 of the Code confers upon all municipalities of the state the power to “license, tax, regulate, restrain or prohibit theatrical and other amusements, billiard and pool tables, nine or ten pin alleys, box or ball alleys, shooting galleries, theaters, parks, and other places of amusement,” etc. It is evident that the power to license, tax, regulate, restrain, or prohibit the places or business named in the statute refers only to such places or businesses as are had or conducted for the public. The statute does not affect, nor was it intended to affect, the right of…

2Cases cited18 opinions

  1. United States v. KirbySupreme Court of the United States · 1869
  2. Ex parte CowertSupreme Court of Alabama · 1890
  3. City of Tarkio v. CookSupreme Court of Missouri · 1894
  4. Crittenden v. Town of BoonevilleMississippi Supreme Court · 1908
  5. Miller v. JonesSupreme Court of Alabama · 1885

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. City of Bessemer v. Bessemer Theatres, Inc.Supreme Court of Alabama · 1949
  2. Trailway Oil Company v. City of MobileSupreme Court of Alabama · 1960
  3. Alexander v. State Ex Rel. CarverSupreme Court of Alabama · 1963
  4. Mitchell v. City of BirminghamSupreme Court of Alabama · 1931
  5. Ward v. MarksteinSupreme Court of Alabama · 1916

11 more not listed; retrieve them via the Exa API.

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