Quartlebaum v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case charged that the defendant, “not having first procured a license from the proper authorities, and not being a merchant engaged in a general business, did engage in the business of selling sewing-machines.”
Read the full summary
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case charged that the defendant, “not having first procured a license from the proper authorities, and not being a merchant engaged in a general business, did engage in the business of selling sewing-machines.” A demurrer was interposed to the indictment, on the ground that the law requiring a license was unconstitutional; and the demurrer being overruled, the cause was tried on issue joined on the plea of not guilty. On the trial, as appears from the bill of exceptions, the State introduced evidence…
1Opinion of the CourtStone, C. J.
It is contended for appellant, that the statute under which the indictment was found in this case is violative alike of the State and Federal constitutions.- — Constitution of 1875, Art. n, § 6; Fourteenth Amendment, Const. 11. S. The precise contention is, that sub-section 20 of section 14- of the revenue statute approved December 12, 1884, discriminates between companies who sell sewing-machines, and persons or individuals who engage in the business of selling sewing-machines. Sess. Acts, 1884-5, p. 17. A second objection is, that it discriminates between two classes of persons who so…
2Cases cited4 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Stein v. LeeperSupreme Court of Alabama · 1885
- Pugh v. YoungbloodSupreme Court of Alabama · 1881
- Joseph v. RandolphSupreme Court of Alabama · 1882
3Cited by21 opinions
- City Council v. KellySupreme Court of Alabama · 1904
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Jefferson County v. BusbySupreme Court of Alabama · 1933
- State Ex Rel. Austin v. BlackSupreme Court of Alabama · 1932
- Gamble v. City CouncilSupreme Court of Alabama · 1906
16 more not listed; retrieve them via the Exa API.