Legal Opinion

State v. Styles

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 4 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. W. H. Cummings applied to the probate judge of Jefferson county for retail license and was refused. This proceeding is an application by him for mandamus to said judge to compel him to issue the license. The other facts appear in the opinion. contended that the speciál prohibition statutes were repealed, citing the following authorities: 23 Am. & Eng.

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. W. H. Cummings applied to the probate judge of Jefferson county for retail license and was refused. This proceeding is an application by him for mandamus to said judge to compel him to issue the license. The other facts appear in the opinion. contended that the speciál prohibition statutes were repealed, citing the following authorities: 23 Am. & Eng. Ency. 437; Brown v. Maryland, 12 Wheat, 438; Ogburne v. Ogbure’s Admr., 60 Ala. 616; Holt v. Mayor, Aldermen, Etc., Ill Ala. 369; Maxioell v. State, 89 Ala.;…

1Opinion of the CourtHaralson, J.

— By act approved February 11th, 1881 (Acts 1880-81, p. 397), the sale, giving away or otherwise disposing of any spirituous, vinous, or malt liquors, or intoxicating bitters, etc., was prohibited under penalty within three miles of Pratt Mines school house in Jefferson county.

On March 7, 1873 (Acts 1872-3, p. 173), a similar act was passed prohibiting such sales within two miles of any coaling grounds in the county of Jefferson and other named counties.

On the 6th February, 1899, Ensley City was incorporated under the general laws of the State for incorporating towns of not less than 100 nor…

2Cases cited2 opinions

  1. Prestwood v. StateSupreme Court of Alabama · 1889
  2. Love v. PorterSupreme Court of Alabama · 1890

3Cited by4 opinions

  1. State Ex Rel. Woodruff v. CentanneSupreme Court of Alabama · 1956
  2. Broughton v. ALA. ALCOHOLIC BEVERAGE CONTROLCourt of Civil Appeals of Alabama · 1977
  3. Flowers v. GrantSupreme Court of Alabama · 1900
  4. Davis v. Town of WilmerSupreme Court of Alabama · 1979

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