Legal Opinion

Ex parte Mayor of Anniston

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 10 opinions

Application by petition in the name of the Mayor and City Council of Anniston, for a writ of certiorari, or other proper remedial writ, directed to Hon. Emmett E. Crook, the probate judge of Calhoun county, to procure a review by this court of certain proceedings had before him on habeas corpus at the instance of Mrs. L. Untreiner, which resulted in an order for her discharge from the custody of the town marshal of Anniston, under a charge for the violation of a municipal…

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Application by petition in the name of the Mayor and City Council of Anniston, for a writ of certiorari, or other proper remedial writ, directed to Hon. Emmett E. Crook, the probate judge of Calhoun county, to procure a review by this court of certain proceedings had before him on habeas corpus at the instance of Mrs. L. Untreiner, which resulted in an order for her discharge from the custody of the town marshal of Anniston, under a charge for the violation of a municipal ordinance against retailing spirituous liquors without a license. Mrs. Untreiner was arrested on the 12th February, 1890,…

1Opinion of the CourtOlopton, J.

The ordinance, for the violation of which Mrs. Untreiner was arrested under a warrant issued by the Recorder of the city of Anniston, was passed June 14, 1889, and reads as follows: “Be it ordained by the Mayor and City Council of Anniston, That any person who, without license as a retailer, sells spirituous, vinous or malt liquors within the police jurisdiction of the city of Anniston, in any quantity less than a quart, or in any quantity if the same or any portion thereof is dnmk on or about the premises, must on conviction be fined one hundred dollars, or be imprisoned not less than one,…

2Cases cited3 opinions

  1. Ex parte BurnettSupreme Court of Alabama · 1857
  2. Ex parte ReynoldsSupreme Court of Alabama · 1888
  3. Olmstead v. CrookSupreme Court of Alabama · 1889

3Cited by10 opinions

  1. Ex parte SikesSupreme Court of Alabama · 1893
  2. Harris v. StateSupreme Court of Alabama · 1900
  3. State v. BrownSupreme Judicial Court of Maine · 1936
  4. Flowers v. GrantSupreme Court of Alabama · 1900
  5. Gilmore v. StateSupreme Court of Alabama · 1899

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