Stein v. Leeper
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an application by petition an the part of D. Stein, for a writ of manda/mus against Hon. J. T. Leeper, the probate judge of Shelby county, requiring him to issue to the petitioner a license to retail spirituors liquors in the town of Calera in said county, on his compliance with all the requisitions of the law governing the issue of such licenses.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an application by petition an the part of D. Stein, for a writ of manda/mus against Hon. J. T. Leeper, the probate judge of Shelby county, requiring him to issue to the petitioner a license to retail spirituors liquors in the town of Calera in said county, on his compliance with all the requisitions of the law governing the issue of such licenses. An answer to the petition was filed by the defendant, justifying his refusal to issue the license under the provisions of the local prohibitory law approved…
1Opinion of the CourtClopton, J.
On consideration of the application for a rehearing, we have concluded to pass on the constitutionality of the statute, on which the judge of probate justifies his refusal to issue the license, without deciding the question of jurisdiction; inasmuch as the judge of probate submitted to the jurisdiction of the Circuit Court of Montgomery county, anil consented that the court might hear and decide the questions involved; and as an early decision on the merits is urged, as important to the interests of the public, and of the parties.
The act in question was first introduced in the House of…
2Cases cited6 opinions
- Davis v. StateSupreme Court of Alabama · 1880
- Moog v. RandolphSupreme Court of Alabama · 1884
- Jones v. HutchinsonSupreme Court of Alabama · 1869
- Block v. StateSupreme Court of Alabama · 1880
- Mangan v. StateSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Amos v. MosleySupreme Court of Florida · 1917
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Harper v. StateSupreme Court of Alabama · 1895
- State ex rel. Attorney-General v. GreenSupreme Court of Florida · 1895
- State Docks Commission v. State Ex Rel. JonesSupreme Court of Alabama · 1933
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