City of Prichard v. Hawkins

LAWSON, Justice.

This is a suit by M. F. Hawkins, doing business as Davis Service Station, against the City of Prichard for refund of license money paid for the operation of a gasoline service or filling station, which was within the police jurisdiction of the City of Prichard but outside its corporate limits.

The suit is brought on the common counts and the amount claimed in the complaint is $2,520.90, with ixrterest.

The theory of the right of recovery is that the ordinances exacting the payment of the license are unconstitutional and void, since they were in fact revenue measures. •Under the…