Legal Opinion

Opdyke v. City of Anniston

Alabama Court of Appeals

Decided April 9, 1918No. 7 Div. 562PublishedCited by 2 opinions

Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. . Clayton Opdyke was convicted for failure to take out a license required by a city ordinance, and he appeals. The defendant, appellant here, who was an agent of Dixie Transfer Company, a corporation, was prosecuted for violating an ordinance of the city of Anniston, requiring the taking out of a license, was convicted, and from the judgment appeals.

1Opinion of the CourtSamford, J.

The case was tried without a jury, on the following agreed statement of facts:

“The defendant has been operating a motorcar for hire during the year 1918, said car having a seating capacity of ten passengers or more, and that the defendant is hired to run said motorcar by the Dixie Transfer & Truck Company, a corporation, whose principal place of business is at Oxford, Ala., and that said car has been run by the defendant wherever customers desired to be transported, provided satisfactory agreement to do so could be reached. That it has no .place of business in Anniston, but takes on and lets…

2Cases cited4 opinions

  1. Nashville, Chattanooga & St. Louis Railway v. City of AttallaSupreme Court of Alabama · 1897
  2. Nashville, Chattanooga & St. Louis Railway Co. v. Alabama CitySupreme Court of Alabama · 1901
  3. Anniston Electric & Gas Co. v. StateAlabama Court of Appeals · 1915
  4. Ahlrichs v. City of CullmanSupreme Court of Alabama · 1900

3Cited by2 opinions

  1. Star Transportation Co. v. City of Mason CitySupreme Court of Iowa · 1923
  2. Owen v. West Alabama Butane CompanySupreme Court of Alabama · 1965

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