Posey v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lamar County; T. L. Sowell, Judge. R. J. Posey was tried and convicted on a charge of “hauling on, over, along, or across the public roads of Lamar county without a wagon license,” and from the judgment he appeals. The act in question is local legislation^ or a delegation of power to make local law, and not properly advertised.
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Appeal from Circuit Court, Lamar County; T. L. Sowell, Judge. R. J. Posey was tried and convicted on a charge of “hauling on, over, along, or across the public roads of Lamar county without a wagon license,” and from the judgment he appeals. The act in question is local legislation^ or a delegation of power to make local law, and not properly advertised. Section, 106, Const. 1901; 140 Ala. 491, 37 South. 321. It is otherwise unconstitutional. 8 Cyc. 796; 122 Ala. 130, 27 South. 327.
1Opinion of the CourtSamford, J.
[1] On appeal to the circuit court the solicitor filed the following information:
“The state of Alabama, by its solicitor, complains of Rufus Posey that within 12 months before the commencement of the prosecution did haul for hire, profit, or charge, or compensation, or for sale, or to be offered for sale, logs, lumber, or freight over, on, or along a public road of Lamar county with a team and wagon without having first paid a vehicle license tax as required by the rules and regulations promulgated by the court of county commissioners of Lamar county at the November term of same and recorded…
2Cases cited10 opinions
- Simpson v. StateSupreme Court of Alabama · 1895
- Oliver v. StateAlabama Court of Appeals · 1918
- Thomas v. StateSupreme Court of Alabama · 1894
- Curlee v. StateAlabama Court of Appeals · 1917
- Glenn v. City of PrattvilleAlabama Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ginocchio v. ShaughnessyNevada Supreme Court · 1923
- McClure v. StateAlabama Court of Appeals · 1920
- State v. KirkpatrickAlabama Court of Appeals · 1922
- Harper v. StateAlabama Court of Appeals · 1960
- Terry v. StateAlabama Court of Appeals · 1921