Legal Opinion

Allen v. State ex rel. Rowe

Supreme Court of Alabama

Decided April 17, 1913PublishedCited by 3 opinions

Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by the State, on the relation of W. R. RoAve and others, against Frank L. Allen and others for writ of injunction and a seizure against the sale of intoxicating liquors in the town of Citronelle. From a decree for relators, respondents appeal.

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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by the State, on the relation of W. R. RoAve and others, against Frank L. Allen and others for writ of injunction and a seizure against the sale of intoxicating liquors in the town of Citronelle. From a decree for relators, respondents appeal. The facts of the allegations are that Frank Allen and the others named as co-respondents, who are in the employment of said Frank Allen, are engaged in the sale of spirituous, vinous, or malt liquors in a certain building Avithin the corporate limits of the toAvn of…

1Opinion of the CourtMoCLELLAN, J.

The bill exhibited by the state on the relation of W. H. Rowe et al. would invoke the injunctive power authorized by the Fuller and Carmichael Bills (Acts Sp. Sess. 1909, pp. 8 and 63, respectively) to abate liquor nuisances. — Fulton v. State, 171 Ala. 572, 586, 54 South. 688 et seq. By section 10% of the Parks Bill (Gen. Acts 1911, p. 30) it is provided: “The sale of spirituous, vinous, malt and other intoxicating drinks and beverages enumerated in this bill, shall not be permitted outside the corporate limits of cities or towns, nor shall the sale of such drinks and beverages be permitted…

2Cases cited10 opinions

  1. State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
  2. Ex parte HarrisSupreme Court of Alabama · 1875
  3. Carr v. Illinois Central R. R.Supreme Court of Alabama · 1912
  4. Fulton v. StateSupreme Court of Alabama · 1911
  5. Beebe v. RobinsonSupreme Court of Alabama · 1875

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Borok v. City of BirminghamSupreme Court of Alabama · 1914
  2. Spigener v. StateAlabama Court of Appeals · 1914
  3. Thomas v. StateAlabama Court of Appeals · 1916

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