Legal Opinion

McLendon v. State

Supreme Court of Alabama

Decided June 20, 1912PublishedCited by 22 opinions

Appeal from Montgomery City Court. Heard before lion. Armstead Brown. C. L. McLendon ivas convicted of violating the revenue law imposing license tax upon those engaged in the practice of law and he appealed to the Court of appeals, Avho certifies the constitutional question involved, to this court.

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Appeal from Montgomery City Court. Heard before lion. Armstead Brown. C. L. McLendon ivas convicted of violating the revenue law imposing license tax upon those engaged in the practice of law and he appealed to the Court of appeals, Avho certifies the constitutional question involved, to this court. The section herein referred to unjustly discriminates in favor of ex-Confederate soldiers and against other persons, and by reason thereof violates the federal and state constitutions, especially the Fourteenth Amendment of the United States Constitution. — Sections 1, 6, 29, 35, 211 and 217,…

1Opinion of the CourtSomerville, J.

The Court of Appeals certifies to this court for determination the following question:

*56Is section 33% of the present Revenue Law (Laws 1911, p. 181), which section reads as follows: “Any person engaged in the practice of law, medicine, osteopathy, dentistry and veterinary surgery and any optician, architect, actuary, public accoúntant, civil engineer, mechanical engineer, or electrical engineer, having a place of business and charging for his services, shall pay an annual license for the state only of five dollars ; provided ex-Confederate soldiers who are entitled to practice any of these…

2Cases cited12 opinions

  1. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  2. Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897
  3. Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875
  4. Phœnix Carpet Co. v. StateSupreme Court of Alabama · 1897
  5. City Council v. KellySupreme Court of Alabama · 1904

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3Cited by22 opinions

  1. State v. FriedkinSupreme Court of Alabama · 1943
  2. Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
  3. Hamilton v. AdkinsSupreme Court of Alabama · 1948
  4. Opinion of the JusticesSupreme Court of Alabama · 1949
  5. Ex Parte MelofSupreme Court of Alabama · 1999

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