Ramagnano v. Crook
Supreme Court of Alabama
Appeal from the Probate Court of Calhoun. Heard before the Hon. Emmet E. Crook. The petitioner and appellant in this case, John Ramagnano, filed his petition in the office of the probate judge of said county, on the 8th January, 1890, for a license to retail spirituous liquors in Jacksonville; and it was admitted that he had complied with all the requirements of the general statute regulating the granting of such' licenses.
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Appeal from the Probate Court of Calhoun. Heard before the Hon. Emmet E. Crook. The petitioner and appellant in this case, John Ramagnano, filed his petition in the office of the probate judge of said county, on the 8th January, 1890, for a license to retail spirituous liquors in Jacksonville; and it was admitted that he had complied with all the requirements of the general statute regulating the granting of such' licenses. Judge Crook refused to grant the license, because an election had been held in the county under the provisions of the local statute approved December 7th, 1886, and…
1Per curiam
The statute allows no appeal from the action of a probate judge refusing to grant a license to retail spirituous liquors, and hence, if this be regarded as a direct appeal from such order of refusal, as in form it appears to be, it must be dismissed.
The case is not covered by section 3640 of the Code (1886), which allows an appeal to this court from “any final decree of the court of probate, or from any final judgment, order or decree of the judge of probate.” An order refusing to grant a license, whether the act be the exercise of a ministerial or q?,tasi-judicial function, would no more be…
2Cases cited2 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Ex parte PearsonSupreme Court of Alabama · 1884
3Cited by8 opinions
- Ex Parte Alabama Textile Products CorporationSupreme Court of Alabama · 1942
- Comley, State's Attorney, Ex Rel. Rowell v. BoyleSupreme Court of Connecticut · 1932
- State Ex Rel. Collins v. ParksSupreme Court of Oklahoma · 1912
- State ex rel Crow v. CrookSupreme Court of Alabama · 1898
- Christopher v. StewartSupreme Court of Alabama · 1901
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