Ex parte Pierce
Supreme Court of Alabama
Application by petition on tbe part of William Pierce, for a writ of mandamus directed to Hon. L. M. Lane, probate judge of Butler county, requiring him to issue to tbe petitioner a license to retail spirituous liquors in tbe town of Greenville.
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Application by petition on tbe part of William Pierce, for a writ of mandamus directed to Hon. L. M. Lane, probate judge of Butler county, requiring him to issue to tbe petitioner a license to retail spirituous liquors in tbe town of Greenville. Tbe petitioner bad complied with all tbe statutory pre-requisites, and a license was refused solely on tbe ground that Greenville was governed by tbe general prohibitory law of February 26th, 1887, which went into effect on tbe 1st January, 1888, and by its terms applied to tbe whole of Butler county. An application for a mandamus was first made to…
1Per curiam
The present application presents a single question, namely: Whether the act approved February 20th, 1889— Sess. Acts, 512 — repealed the prohibition statute for Butler county, approved February 26,1887 — Sess. Acts, 700-1. It is manifest that the two statutes are incompatible, and both can not stand. In such case, the rule is that the latest expression of the legislative will must dominate the older.
It is true, that the act of February 19, 1887 — Sess. Acts, 195 — had been superseded and repealed, so far as it affected Butler county, by the prohibitory enactment of February 26, 1887. After…
2Cases cited3 opinions
- Wilkinson v. KetlerSupreme Court of Alabama · 1877
- State v. WarfordSupreme Court of Alabama · 1887
- Tally v. GriderSupreme Court of Alabama · 1880
3Cited by4 opinions
- Harper v. StateSupreme Court of Alabama · 1895
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
- Rose v. LampleySupreme Court of Alabama · 1906
- Ex Parte ThompsonSupreme Court of Alabama · 1933