Legal Opinion

Shelton v. Mayor of Mobile

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 12 opinions

Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McEjjststry. The appellant in this case was fined $20 by tbe mayor of tbe city of Mobile, for an alleged violation of a municipal ordinance, wbicb prohibited, under a penalty of $20 for each offense, “all hawking and peddling about the streets of tbe city of meat, game, poultry, vegetables, or any other article or commodity usually sold or vended in tbe market.”

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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McEjjststry. The appellant in this case was fined $20 by tbe mayor of tbe city of Mobile, for an alleged violation of a municipal ordinance, wbicb prohibited, under a penalty of $20 for each offense, “all hawking and peddling about the streets of tbe city of meat, game, poultry, vegetables, or any other article or commodity usually sold or vended in tbe market.” On tbe trial in tbe city court, to wbicb tbe defendant removed tbe case, “tbe plaintiff proved that tbe defendant, after tbe passage of said ordinance, peddled meat in…

1Opinion of the CourtWalker, J.

We do not assent !to the argument of appellant’s counsel against the validity of the ordinance, under which the fine in this case was inflicted. We do not deem it vioiative of the constitution, or of common right, or void because it is unreasonable. It does not prohibit the exercise of a right, but regulates it. This ordinance may be sustained by the same argument by which Mr. Justice Ormond maintained the constitutionality and reasonableness of an act authorizing the corporation of Mobile to license bakers, to regulate the weight and price of bread, and prohibit the baking for sale, except…

2Cases cited5 opinions

  1. State v. ReidSupreme Court of Alabama · 1840
  2. Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
  3. Respublica v. DuquetSupreme Court of Pennsylvania · 1799
  4. Mayor of Huntsville v. PhelpsSupreme Court of Alabama · 1855
  5. City Council of Montgomery v. HutchinsonSupreme Court of Alabama · 1848

3Cited by12 opinions

  1. Borman v. StateSupreme Court of Alabama · 1859
  2. Ex parte CowertSupreme Court of Alabama · 1890
  3. City of St. Louis v. SternbergSupreme Court of Missouri · 1879
  4. People v. KucNew York Court of Appeals · 1936
  5. Campbell v. City of ThomasvilleCourt of Appeals of Georgia · 1909

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