Pike County Dispensary v. Mayor of Brundidge
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. William L. Parks. The bill in this ease was filed by the mayor -and councilmen of Brundidge, a municipal corporation, against the Pike County Dispensary, a corporation organized under the laws of Alabama; -and prayed to have the said Pike County Dispensary, its officers, agents and employees enjoined from setting up and maintaining a dispensary in the town of Brundidge, and from selling spirituous, vinous and malt…
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Appeal from the Chancery Court of Pike. Heard before the Hon. William L. Parks. The bill in this ease was filed by the mayor -and councilmen of Brundidge, a municipal corporation, against the Pike County Dispensary, a corporation organized under the laws of Alabama; -and prayed to have the said Pike County Dispensary, its officers, agents and employees enjoined from setting up and maintaining a dispensary in the town of Brundidge, and from selling spirituous, vinous and malt liquors in said town. The facts of the case necessary to an understanding of the decision on the present appeal, are…
1Opinion of the CourtMcCLELLAN, C. J.
The illegal carrying on the business of a retailer of spirituous, vinous and malt liquors, that is the carrying on of such business without a license when a license is required, or in violation of a local prohibition statute is not a nuisance unless de-cía rial so to be by the statute. There is no statute in Alabama declaring such illegal business a nuisance; and it is therefore, not a nuisance in this State. The present bill seeks to enjoin the Pike County Dispensary from establishing a dispensary in the town of Brundidge in Pike county and there carrying on the business of selling…
2Cited by11 opinions
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- Postal Tel.-Cable Co. v. City of MontgomerySupreme Court of Alabama · 1915
- Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
- Try-Me Bottling Co. v. StateSupreme Court of Alabama · 1938
- Ex Parte State Ex Rel. MartinSupreme Court of Alabama · 1917
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