Legal Opinion

Rose v. Lampley

Supreme Court of Alabama

Decided June 5, 1906PublishedCited by 6 opinions

Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Tlie nature of tlie proceedings and tlie facts connected therewith are sufficiently stated in the opinion of the court. , On Feb. 19, 1887, the-general assembly passed an act prohibiting the sale of liquors except in beat 12 in Butler county.- — Acts 1886-87, p. 395. On the 26th of Feb. 1887, the same legislature passed a general prohibition law for Butler co.unty.

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Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Tlie nature of tlie proceedings and tlie facts connected therewith are sufficiently stated in the opinion of the court. , On Feb. 19, 1887, the-general assembly passed an act prohibiting the sale of liquors except in beat 12 in Butler county.- — Acts 1886-87, p. 395. On the 26th of Feb. 1887, the same legislature passed a general prohibition law for Butler co.unty. On Feb. 20, 1889, the general assembly passed an act amendng section 1 of the first act referred to. On Feb. 18, 1899, the general assembly passed the dispensary…

1Opinion of the CourtTyson, J.

The object sought to be accomplished by this proceeding is to compel by mandamus the respondent, as judge of probate, to discharge a certain duty imposed upon that class of officers by the act of February 18, 1899, known as the “Dispensary Act,” to-wit, to call *447a meeting of the court of county commissioners of his county in order to furnish to the petitioner the names of three, men having the qualifications of a dispenser, etc., in the town of Georgiana. — Gen. Acts, 1898-99, p. 110. Of course, no such duty is upon the respondent if the act referred to is not in force in that town. It is…

2Cases cited4 opinions

  1. Stewart v. Court of County CommissionersSupreme Court of Alabama · 1886
  2. Miller v. BerrySupreme Court of Alabama · 1893
  3. Rice v. WestcottSupreme Court of Alabama · 1895
  4. Ex parte PierceSupreme Court of Alabama · 1888

3Cited by6 opinions

  1. State Ex Rel. Chilton County v. ButlerSupreme Court of Alabama · 1932
  2. Persons v. SummersSupreme Court of Alabama · 1963
  3. People v. FriederichSupreme Court of Colorado · 1919
  4. Pryor Motor Co. v. HartsfieldSupreme Court of Alabama · 1922
  5. State Ex Rel. Foshee v. ButlerSupreme Court of Alabama · 1932

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