House & Lot v. State Ex Rel. Patterson
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge.. Bill by the State of Alabama, on the relation of T. M. Patterson, against one house and lot, particularly described in the bill, and Joe Crews and others to condemn said house and lot to forfeiture and sale, because of its use as a distillery for the manufacture of unlawful beverage. From a decree overruling demurrers to the bill, claimant named appeals.
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Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge.. Bill by the State of Alabama, on the relation of T. M. Patterson, against one house and lot, particularly described in the bill, and Joe Crews and others to condemn said house and lot to forfeiture and sale, because of its use as a distillery for the manufacture of unlawful beverage. From a decree overruling demurrers to the bill, claimant named appeals. The substance of the bill sufficiently appears from the opinion of the court-. The demurrers are as follows: ■ First. That there is no equity in the bill. Second. That Ore…
1Opinion of the Court
. SAYRE, J.
Demurrer filed by the claimant against the state’s bill to condemn was overruled by the trial court, and the claimant has appealed on behalf of his property.
[1] The bill charged that claimant and others “were operating or permitting to be operated in said house on the said described premises a distillery or plant for the making or distillation ,of liquors or beverages which are prohibited to be made or distilled by the laws of Alabama.” The demurrer says that the statute under which the state’s solicitor filed the bill is unconstitutional because it violates section 15 of the…
2Cases cited3 opinions
- Dobbins's Distillery v. United StatesSupreme Court of the United States · 1878
- McDuffie v. Lynchburg Shoe Co.Supreme Court of Alabama · 1912
- Dowda v. StateSupreme Court of Alabama · 1919
3Cited by10 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Eccles v. StoneSupreme Court of Florida · 1938
- Dothan Oil Mill Co. v. EspySupreme Court of Alabama · 1930
- Hurvich v. StateSupreme Court of Alabama · 1935
- Rickmam v. CommonwealthCourt of Appeals of Kentucky · 1924
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