State v. Lamar
Supreme Court of Alabama
Certiorari to Court of Appeals. Original proceedings in habeas corpus by Law Lamar, to secure his discharge from imprisonment under a warrant of arrest. There was a judgment of the Court of Appeals (5 Ala. App. 259, 59 South. 737) reversing a judgment of the city court discharging petitioner, and he brings error.
Read the full summary
Certiorari to Court of Appeals. Original proceedings in habeas corpus by Law Lamar, to secure his discharge from imprisonment under a warrant of arrest. There was a judgment of the Court of Appeals (5 Ala. App. 259, 59 South. 737) reversing a judgment of the city court discharging petitioner, and he brings error. There is nothing in section 5, Acts 1907, (S. S.) p. 22, which permit, or even suggest, the principle of repeal by implication.— Abernathy v. State, 78 Ala. 413; State v. White, 160 Ala. 168. Repeals by implication are not favored.— B-’ham v. So. Ex. Go., 51 South. 159. Said section…
1Opinion of the CourtSayre, J.
Law Lamar- was taken into custody on a warrant issued by a magistrate upon an affidavit, dated September 27, 1911, charging that said Lamar “did sell cotton seed meal containing 7% per cent, of ammonia, for fertilizing purposes, without having attached to the package containing the same the tax tag (Alabama tax tag) prepared by the Commissioner of Agriculture and Industries.” On a proceeding by habeas corpus, the question being whether the affidavit charged any offense, the judge of the city court or*80dered the discharge of the accused. That judgment was reversed in the Court of Appeals, whence…
2Cases cited5 opinions
- Maxwell v. StateSupreme Court of Alabama · 1889
- Fulton v. StateSupreme Court of Alabama · 1911
- City of Montgomery v. WycheSupreme Court of Alabama · 1910
- Bay Shell-Road Co. v. O'DonnellSupreme Court of Alabama · 1888
- Imperial Cotton Seed Oil Co. v. ShanksSupreme Court of Alabama · 1912
3Cited by6 opinions
- Connelly v. City of BridgeportSupreme Court of Connecticut · 1926
- Southern Railway Co. v. JordanSupreme Court of Alabama · 1915
- Louisville & Nashville R. R. v. LaneyAlabama Court of Appeals · 1915
- Davis v. CurtisSupreme Court of Alabama · 1915
- Kreutner v. StateAlabama Court of Appeals · 1918
1 more not listed; retrieve them via the Exa API.