Ex parte Marshall
Supreme Court of Alabama
Appeal from the City Court of Mobile. Heard before the Hon. O. J. Semmes. In the matter of the application of Edward S. Marshall, for a writ of mandamus to Hon. Price Williams, Jr., probate judge of Mobile, commanding him to issue to the petitioner “ a State and county license to retail spirituous or vinous liquors,” at a designated place within the limits of the former city of Mobile, during the year 1880. The petitioner alleged that, on the 24th January, 1880, he made…
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Appeal from the City Court of Mobile. Heard before the Hon. O. J. Semmes. In the matter of the application of Edward S. Marshall, for a writ of mandamus to Hon. Price Williams, Jr., probate judge of Mobile, commanding him to issue to the petitioner “ a State and county license to retail spirituous or vinous liquors,” at a designated place within the limits of the former city of Mobile, during the year 1880. The petitioner alleged that, on the 24th January, 1880, he made application in due form to said probate judge for a retail license for the year 1880, stating .the place at which he desired…
1Opinion of the CourtStone, J.
My own opinion is, that a rule nisi should be awarded in this case. The taxes and assessments, authorized by the act “ To regulate the system of public schools in the county of Mobile,” approved January 16th, 1854, although some of them are laid on occupations usually assessed byilicenses, are, nevertheless, simply taxes for revenue purposes. — Pamph. Acts 1853-4, page 190; lb. 2b5. The purpose of each act was to aid in the support of common schools throughout the whole of Mobile county, the benefits of which are distributed and enjoyed throughout the county. Yet, in the 4th section,…
2Cases cited2 opinions
- Lin Sing v. WashburnCalifornia Supreme Court · 1862
- Holt v. School Commissioners of MobileSupreme Court of Alabama · 1856
3Cited by9 opinions
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
- Alabama Power Co. v. City of Carbon HillSupreme Court of Alabama · 1937
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
- State v. DohertyIdaho Supreme Court · 1892
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