Childers v. Shepherd
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Ray. S. J. Childers, a citizen of Walker county, filed his petition, addressed to the Hon. J. J. Ray, Judge of the 14th Judicial Circuit of Alabama, asking for the issuance of a writ of mandamus directed to the appellee, James W. Shepherd, as Judge of Probate of Walker County, commanding him to' issue the petitioner a license as a retail liquor dealer in the town of Jasper in said county.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Ray. S. J. Childers, a citizen of Walker county, filed his petition, addressed to the Hon. J. J. Ray, Judge of the 14th Judicial Circuit of Alabama, asking for the issuance of a writ of mandamus directed to the appellee, James W. Shepherd, as Judge of Probate of Walker County, commanding him to' issue the petitioner a license as a retail liquor dealer in the town of Jasper in said county. It was averred in the petition, that the said petitioner had applied to the said James W. Shepherd, as Probate Judge of said county,…
1Opinion of the CourtHaralson, J.
It is admitted by counsel for petitioner that “the sole question raised by the record is whether the act which authorized dispensaries in Walker county upon its ratification by a popular vote and the election held under its provisions, was constitutional.”
So far as what occurred in. the House of Representatives where the act originated is concerned, it cannot be successfully contended that there was any thing done or omitted, which subjected it to constitutional infirmity. The bill in question was introduced, accompanied by notice and proof of notice, such as is required by § 106 of the…
2Cases cited3 opinions
- Sheppard v. DowlingSupreme Court of Alabama · 1899
- Hand v. StapletonSupreme Court of Alabama · 1902
- McGraw v. County CommissionersSupreme Court of Alabama · 1889
3Cited by10 opinions
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
- Sellers v. StateSupreme Court of Alabama · 1909
- Ward v. State ex rel. ParkerSupreme Court of Alabama · 1908
- Opinion of the JusticesSupreme Court of Alabama · 1949
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