Ex parte Mayor of Florence
Supreme Court of Alabama
From tbe Circuit Court of Lawrence. Tried before the Hon. H. C. Spbake. This was an application by petition, in the name of the mayor and aldermen of the town of Florence, for a writ of certiorari to bring before this court for review certain proceedings had before the lion. H. C. Speake, in vacation, on the petition of David Jones for a discharge from custody on habeas corpus.
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From tbe Circuit Court of Lawrence. Tried before the Hon. H. C. Spbake. This was an application by petition, in the name of the mayor and aldermen of the town of Florence, for a writ of certiorari to bring before this court for review certain proceedings had before the lion. H. C. Speake, in vacation, on the petition of David Jones for a discharge from custody on habeas corpus. Said Jones was in the custody of the marshal of said town of Florence, charged with the violation of a municipal ordinance which prohibited, under a penalty, the sale or other disposition of spirituous liquors within…
1Opinion of the CourtClopton, J.
The mayor and aldermen of the town of Florence adopted an ordinance, declaring “ that, on and after the first day of January, 1886, it shall he unlawful for any person to sell, or for any consideration to otherwise dispose of, spirituous, vinous, or malt liquors, within the corporate limits of the town of Florence;” and prescribing the penalties for its violation. The material question presented by the record is the authority of the municipal government to enact this ordinance.
Since the decision in Dorman, v. The State, 34 Ala. 216, — ■ which has been subsequently cited with approval, and the…
2Cases cited3 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Shelton v. Mayor of MobileSupreme Court of Alabama · 1857
- Harris v. Intendant & Council of LivingstonSupreme Court of Alabama · 1856
3Cited by26 opinions
- Southern Express Co. v. WhittleSupreme Court of Alabama · 1915
- Eidge v. City of BessemerSupreme Court of Alabama · 1909
- State ex rel. Robertson v. McGoughSupreme Court of Alabama · 1897
- Louisville & Nashville R. R. v. Western Union Telegraph Co.Supreme Court of Alabama · 1915
- Ex Parte WilsonCourt of Criminal Appeals of Oklahoma · 1911
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