Holt v. School Commissioners of Mobile
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Ales. MoKiNSTRY. This proceeding was instituted by the appellees, to recover of the defendant the penalty of $150, under 'the act approved January 16, 1854, entitled “ An act to regulate the system of public schools in the county of Mobile,” for having retailed spirituous liquors without first procuring a license as required by said act.
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Appeal from the City Court of Mobile. Tried before the Hon. Ales. MoKiNSTRY. This proceeding was instituted by the appellees, to recover of the defendant the penalty of $150, under 'the act approved January 16, 1854, entitled “ An act to regulate the system of public schools in the county of Mobile,” for having retailed spirituous liquors without first procuring a license as required by said act. On the trial, as appears from the bill of exceptions, the plaintiffs introduced the said act of 1854 in evidence, with the supplemental act of 1856 ; and proved that the defendant, on the 18th…
1Opinion of the CourtStone, J.
We are fully satisfied that there is no error in this record, prejudicial to the appellant. The act approved February 15, 1856, (Pamphlet Acts, 148-9,) was not intended to repeal the act “ to regulate the system of public schools in the county of Mobile.” Its only purpose was to abrogate so much of that act as authorizes the levy of a tax, “ on all subjects of taxation embraced in the revenue laws of the State, an amount equal to one-fourth of the amount levied by the commissioners of revenue of Mobile county for county tax of the county.” The words, “except licenses,” mentioned in the…
2Cases cited1 opinion
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
3Cited by2 opinions
- Brooks v. Mobile School CommissionersSupreme Court of Alabama · 1857
- Ex parte MarshallSupreme Court of Alabama · 1879