Tally v. Grider
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Sreare. This case originated in a petition, duly verified by affidavit, filed by W. M. Grider, and addressed to the presiding judge of the circuit, asking a mandamus to Hon. John B. Tally, the probate judge of said county, commanding and requiring him to issue a license to the petitioner for retailing spirituous liquors, at Bellefonte in said county, for and daring the year 1881. The petitioner alleged…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Sreare. This case originated in a petition, duly verified by affidavit, filed by W. M. Grider, and addressed to the presiding judge of the circuit, asking a mandamus to Hon. John B. Tally, the probate judge of said county, commanding and requiring him to issue a license to the petitioner for retailing spirituous liquors, at Bellefonte in said county, for and daring the year 1881. The petitioner alleged that he had complied with all the provisions of the law regulating applications for such licenses (Code, §§ 1544-45), and…
1Opinion of the CourtStone, J.
This is a proceeding which originated in the “ Local Option Law ” applicable to several counties, of which Jackson is one. The act was approved March 19th, 1875. Paxnph. Acts, 276. To give the probate judge authority to order an election, in such case, a petition must be filed; and the first section of that act declares who may present such petition, and what it shall contain. This entire proceeding is statutory, creating an entirely, new jurisdiction unknown to the common law, and conferring authority on a magistrate of limited, statutory powers, not theretofore exercised by him. Under…
2Cited by8 opinions
- Grider v. TallySupreme Court of Alabama · 1884
- Miller v. JonesSupreme Court of Alabama · 1885
- Dunbar v. FrazerSupreme Court of Alabama · 1885
- Town of Flat Creek v. Alabama By-Products Corp.Supreme Court of Alabama · 1944
- Ex parte PierceSupreme Court of Alabama · 1888
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