Montgomery v. State
Supreme Court of Alabama
From: the Circuit Court of Blount. Tried before the Hon. John B. Tally. The indictment in this case was found at tbe September term, 1888, and charged that the defendant “did sell, give or deliver, or aid or assist in the sale, gift or delivery of spirituous, vinous, or malt liquors, within the limits of the Blountsville school district, as created by an act of the General Assembly of Alabama, approved February 5th, 1885; contrary to law, and against the peace,” &c.
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From: the Circuit Court of Blount. Tried before the Hon. John B. Tally. The indictment in this case was found at tbe September term, 1888, and charged that the defendant “did sell, give or deliver, or aid or assist in the sale, gift or delivery of spirituous, vinous, or malt liquors, within the limits of the Blountsville school district, as created by an act of the General Assembly of Alabama, approved February 5th, 1885; contrary to law, and against the peace,” &c. The defendant demurred to the indictment, assigning as ground of demurrer the unconstitutionality of the seventh section of said…
1Opinion of the CourtMcCLELLAN, J.
By an act approved February 5th, 1885, certain territory extending four miles north and south, and three miles east and west, and including the town of Blountsville, was made a separate school district. The title *142of the act is “To constitute the town of Blountsville and. vicinity, in Blount county, a separate school district.”' The provisions of the act down' to the seventh and last section are such as pertain to the establishment of a school district, and to the management, control and maintenance of schools therein, though the 4th section, which authorizes the levy of a special tar, is…
2Cases cited5 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Stein v. LeeperSupreme Court of Alabama · 1885
- Schultes v. EberlySupreme Court of Alabama · 1886
- Ex parte MooreSupreme Court of Alabama · 1878
- Ashurst v. StateSupreme Court of Alabama · 1885
3Cited by10 opinions
- Ex parte CowertSupreme Court of Alabama · 1890
- State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
- State ex rel. Standish v. NomlandNorth Dakota Supreme Court · 1893
- Kendrick v. StateSupreme Court of Alabama · 1928
- Johnston v. WoodWashington Supreme Court · 1898
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