Hewlett v. Camp
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jefferson. Heard before tire Hon. James J. Banks. 1.The legislature may repeal a general law, and where it authorizes a municipality to license a business prohibited by the general law, the general law is thereby repealed or suspended by the legislature itself; the theory being, that it is the legislative enactment and not the city ordinance which operates the repeal or suspension of the general law, the repeal 'or suspension to take effect…
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Appeal from tlie Circuit Court of Jefferson. Heard before tire Hon. James J. Banks. 1.The legislature may repeal a general law, and where it authorizes a municipality to license a business prohibited by the general law, the general law is thereby repealed or suspended by the legislature itself; the theory being, that it is the legislative enactment and not the city ordinance which operates the repeal or suspension of the general law, the repeal 'or suspension to take effect when the city ordinance is passed. — Olmstead v. Crook, 89 Ala. 228 ; Excelsior Co. v. Lacey, 63 N. Y. 422 ; St:…
1Opinion of the CourtColeman, J.
In April, 1897, Tlios. G. Hewlett tendered to A. J. Camp, city clerk of Birmingham, the necessary amount of money and demanded of him a license, authorizing him to engage in the business of selling pools on horse races. Upon the refusal of the clerk to issue the license, he applied by petition to the Hon. James J. Banks, Judge of the Circuit Court, for the writ of mandau)n,s to compel the issue of the license. The petition having been denied by the judge of the circuit court, an appeal was prosecuted to this court.
The petitioner bases his claim upon an ordinance, adopted by the Mayor and…
2Cases cited1 opinion
- State v. StriplingSupreme Court of Alabama · 1896
3Cited by17 opinions
- Lawrence v. GayleSupreme Court of Alabama · 1975
- Turner v. Town of LinevilleAlabama Court of Appeals · 1911
- Ex Parte LernerSupreme Court of Missouri · 1920
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- Casmus v. LeeSupreme Court of Alabama · 1938
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