Ex parte Sikes
Supreme Court of Alabama
Aureal from tlie Probate Court of Pike. Heard before tlie Hon. W. J. Hilliard. The facts of the case are sufficiently stated in the opinion. The power “to license and regulate” does, not carry the power to tax ; nor the power to prohibit by fixing the price of licenses so as to be prohibitory. — Cooley Const. Lim. (6th.
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Aureal from tlie Probate Court of Pike. Heard before tlie Hon. W. J. Hilliard. The facts of the case are sufficiently stated in the opinion. The power “to license and regulate” does, not carry the power to tax ; nor the power to prohibit by fixing the price of licenses so as to be prohibitory. — Cooley Const. Lim. (6th. Ed.), 242; Dunham, v. Trustees, 5 Cowen 462; Miller v. Jones, 80 Ala. 96 ; Intendant of Marion v. Chandler, 6 Ala. 901; Ex parte Burnett, 30 Ala. 469. The power conferred on the city ,of Troy to license and regulate the business of retailing liquors was in the nature of a…
1Opinion of the CourtColeman, J.
By an ordinance of the city of Troy, dealers in spiritous liquors were required to pay two thousand dollars for a license. For a violation of this ordinance the defendant was arrested and fined, and, refusing to pay the fine, imprisoned. He sued out a writ of habeas corpus before the probate judge who, upon the hearing of the case, refused to discharge the petitioner, and remanded him to the custody of the marshal. From this judgment the petitioner prosecutes his application to this court. All the facts are agreed upon, and the only question is as to the legality of. the ordinance. The…
2Cases cited7 opinions
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Ex parte CowertSupreme Court of Alabama · 1890
- Miller v. JonesSupreme Court of Alabama · 1885
- Ex parte BurnettSupreme Court of Alabama · 1857
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
- Schwartz v. Town of GallupNew Mexico Supreme Court · 1917
- Ex parte RoweAlabama Court of Appeals · 1912
- Hale v. StateSupreme Court of Alabama · 1928
- Kendrick v. StateSupreme Court of Alabama · 1904
5 more not listed; retrieve them via the Exa API.