Love v. Porter
Supreme Court of Alabama
Petition for Mandamus to Prolate Judge on Refusal of License to Retail Spirituous Liquors. Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. The appellant in this case, W. J. Love, made application to the probate judge for a license to retail spirituous liquors in the town of Pratt Mines; and his application was accompanied with the statutory affidavit, recommendation of householders, &c., prescribed by law in such cases.
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Petition for Mandamus to Prolate Judge on Refusal of License to Retail Spirituous Liquors. Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. The appellant in this case, W. J. Love, made application to the probate judge for a license to retail spirituous liquors in the town of Pratt Mines; and his application was accompanied with the statutory affidavit, recommendation of householders, &c., prescribed by law in such cases. The application was filed on the 18th March, 1891,-and was refused by Judge Porter, on the ground that the sale of liquors in said town was…
1Opinion of the CourtMcCLELLAN, J.
— We can not assume, as counsel insist, that the sole purpose of the act of February 11th, 1881, prohibiting the sale of liquors within three miles of “the Pratt Mines School School in Jefferson county” was to protect the school being taught there from the evils of that traffic. It is to our minds a much more reasonable assumption that the legislative intent was to forbid the traffic within a territory covered by radii extending in all directions three miles from a center at the time marked by the school-house. To hold that the enactment was applicable to the territory within three miles of…
2Cases cited2 opinions
- Prestwood v. StateSupreme Court of Alabama · 1889
- Olmstead v. CrookSupreme Court of Alabama · 1889
3Cited by7 opinions
- State Ex Rel. Woodruff v. CentanneSupreme Court of Alabama · 1956
- USA Oil Corporation v. City of LipscombSupreme Court of Alabama · 1974
- Broughton v. ALA. ALCOHOLIC BEVERAGE CONTROLCourt of Civil Appeals of Alabama · 1977
- State v. StylesSupreme Court of Alabama · 1898
- Long v. StateSupreme Court of Alabama · 1893
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