City of Mobile v. Gentry
Supreme Court of Alabama
Appal from Mobile City Court. Heard before Hon. O. J. Semites. From a judgment declaring void an ordinance under which R. H. Gentry was prosecuted, tbe City of Mobile appeals. •Tbe agreed statement of-fact-is as follows: Gentry was arrested on July 22, 1909, under a warrant charging him with tbe offense of violating the license ordinance of tbe city of Mobile, approved January 21, 1909, in that be did, subsequent to tbe 1st day of January, 1909,''operate' ún ■ automobile on…
Read the full summary
Appal from Mobile City Court. Heard before Hon. O. J. Semites. From a judgment declaring void an ordinance under which R. H. Gentry was prosecuted, tbe City of Mobile appeals. •Tbe agreed statement of-fact-is as follows: Gentry was arrested on July 22, 1909, under a warrant charging him with tbe offense of violating the license ordinance of tbe city of Mobile, approved January 21, 1909, in that be did, subsequent to tbe 1st day of January, 1909,''operate' ún ■ automobile on the streets-oPthe'city of Mobile] without having- procured a. licence from the'city of Mobile; and. it is agreed…
1Opinion of the CourtAnderson, J.
That the city must derive the authority to levy the license in question from the Legislature there can be no doubt. The question therefore is, Was that authority conferred by the existing municipal act of Alabama, as found in volume 1 of the Code of 1907? Article 24 of the Code (page 631) was intended primarily.to authorize the regulation of a license upon business, trades, professions, etc., but an analysis of said article will disclose the fact that this authority was not necessarily confined to the subjects heretofore mentioned, but also included the right to regulate and license the use…
2Cases cited3 opinions
- Browne v. City of MobileSupreme Court of Alabama · 1898
- City of St. Louis v. GroneSupreme Court of Missouri · 1870
- City of Hannibal v. PriceMissouri Court of Appeals · 1888
3Cited by4 opinions
- Harper v. City of Wichita FallsCourt of Appeals of Texas · 1937
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Alabama Gas Co. v. City of MontgomerySupreme Court of Alabama · 1947
- Compton v. SharpeSupreme Court of Alabama · 1911