State v. Fleming
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John E. Tyson. This action was brought by the State against David Fleming for the price of licenses as a retail liquor dealer for three years. The complaint .contained three counts.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John E. Tyson. This action was brought by the State against David Fleming for the price of licenses as a retail liquor dealer for three years. The complaint .contained three counts. The first count was as follows: ‘ ‘The State of Alabama, as plaintiff, claims of David Fleming, as defendant, the sum of three hundred ($300) dollars due from the. defendant to the plaintiff for State license tax as a retail dealer in vinous, spirituous and malt liquors in the city of Montgomery during the year 1889 ; which 'said city of…
1Opinion of the Court
COLEMAN J.
David Fleming, having engaged in the business of retailing vinous, spirituous, or malt liquors, without having paid for a license to engage in such business, the State instituted the present action' to recover the amount of the license fixed by statute. The court sustained a demurrer to the complaint, and the State declining to amend, there was a verdict and judgment for the defendant. The principal grounds of demurrer are that the action is in form upon a contract, and the complaint on its face negatives the existence of *183any contractual relation; and, second, that the only remedy…
2Cases cited8 opinions
- Perry County v. Selma, Marion & Memphis RailroadSupreme Court of Alabama · 1877
- Chandler v. HannaSupreme Court of Alabama · 1882
- Harris v. StateSupreme Court of Alabama · 1874
- Weil v. StateSupreme Court of Alabama · 1875
- Janney v. BuellSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
- State ex rel. Norwood v. New York Life InsuranceSupreme Court of Arkansas · 1914
- First Nat. Bank of Scottsboro v. Jackson CountySupreme Court of Alabama · 1933
5 more not listed; retrieve them via the Exa API.