Legal Opinion

Ward v. Markstein

Supreme Court of Alabama

Decided May 25, 1916PublishedCited by 19 opinions

Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by D. H. Markstein against George B. Ward and other commissioners in the city of Birmingham, to enjoin the enforcement of the liquor inspection ordinance. From a decree for complainant, respondents appeal. The facts sufficiently appear.

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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by D. H. Markstein against George B. Ward and other commissioners in the city of Birmingham, to enjoin the enforcement of the liquor inspection ordinance. From a decree for complainant, respondents appeal. The facts sufficiently appear. The ordinance, section 4 thereof, is as follows: That it shall hereafter be the duty of any person, firm or corporation who transports, receives, accepts delivery of, possesses or has in possession within the city of Birmingham, or the police jurisdiction thereof, prohibited liquors, or…

1Opinion of the CourtMcCLELLAN, J.

On the 9th day of February, 1916, the board of commissioners of the city of Birmingham adopted Ordinance No. 345 C. By its terms the ordinance became effective on the 21st day of February, 1916. The methods and measures the ordinance undertook to establish — the observance of which it assumed to enjoin upon all within its purview and effect — were put into operation in and over the police jurisdiction of the city of Birmingham. Pending the operation and enforcement of the measures and methods prescribed by the ordinance, this bill for injunctive relief was filed, and the respondents…

2Cases cited6 opinions

  1. Ex parte CowertSupreme Court of Alabama · 1890
  2. Southern Express Co. v. WhittleSupreme Court of Alabama · 1915
  3. Dunn v. Court of County RevenuesSupreme Court of Alabama · 1887
  4. Town of Greensboro v. EhrenreichSupreme Court of Alabama · 1886
  5. Holt v. Mayor of BirminghamSupreme Court of Alabama · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
  2. Mitchell v. City of BirminghamSupreme Court of Alabama · 1931
  3. City of Birmingham v. WestSupreme Court of Alabama · 1938
  4. Harris v. BarrettSupreme Court of Alabama · 1921
  5. City of Birmingham v. Birmingham Business College, Inc.Supreme Court of Alabama · 1951

14 more not listed; retrieve them via the Exa API.

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