Legal Opinion

Terry v. State

Alabama Court of Appeals

Decided December 20, 1921No. 2 Div. 228Published

Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Henry Terry was convicted of failing or refusing to pay a license tax on a two-horse wagon, and he appeals.

Read the full summary

Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Henry Terry was convicted of failing or refusing to pay a license tax on a two-horse wagon, and he appeals. The commissioners’ court of Bibb county, by section 2 of its rules and regulations, fixed the license for two-horse wagon used in hauling logs and lumber, etc., at $10 per year, and by section 9 fixed the penalty for a failure or refusal to pay such license on or before the day fixed as a license period at double the amount of the license tax. The jury assessed a fine of $7.50. The agent cannot do what the principal could not…

1Opinion of the CourtMerritt, J.

The appellant was convicted in the circuit court of Bibb county, under complaint which charged that he “failed or refused to pay a license tax on a wagon used for hauling cross-ties, which license tax was fixed or imposed, by an order of the commissioners’ court of Bibb county, Ala., according to law.”

[1, 2] The testimony was without conflict that the appellant had hauled cross-ties over the public roads in Bibb county, and that he had not paid the license on his wagon, covering the time for which he was being prosecuted. During the progress of the trial the state offered in evidence a…

2Cases cited9 opinions

  1. Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
  2. Ingram v. StateSupreme Court of Alabama · 1864
  3. State v. McCartyAlabama Court of Appeals · 1912
  4. Whaley v. StateSupreme Court of Alabama · 1909
  5. Oliver v. StateAlabama Court of Appeals · 1918

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API