State v. Cloud
Supreme Court of Alabama
Novel and difficult questions from the Circuit Court of Russell. The defendant was indicted for keeping a tavern without first obtaining a license from the county court. The defendant demurred to the indictment, which was overruled by the court.
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Novel and difficult questions from the Circuit Court of Russell. The defendant was indicted for keeping a tavern without first obtaining a license from the county court. The defendant demurred to the indictment, which was overruled by the court. Upon the trial, it appeared that the defendant kept an orderly house for the entertainment of such travellers as would stop with him, not in any town, village or city, but on his own farm, in the country, and did not retail spirituous liquors. Upon which the defendant moved for a charge, that it was not an offence for which an indictment would lie;…
1Opinion of the CourtOrmond, J.
It is contended by the counsel for the defend*629ant, that there is no law in force subjecting the defendant to indictment for keeping a country inn, or house of entertainment for travellers. The question depends upon the construction of the different statutes.
The act of 1807, [Clay’s Digest, 554,] gave authority to the county court to issue a license to keep tavern, to any one who should be recommended for that purpose; by six or more reputable freeholders of the county, on his paying to the clerk twenty dollars for the use of the county. Bond was required in the penalty of three hundred…
2Cited by2 opinions
- McCalman v. StateSupreme Court of Alabama · 1892
- Page v. StateSupreme Court of Alabama · 1847