State ex rel. Collman v. Pitts
Supreme Court of Alabama
Appeal from Selma City Court. Heard- before Hon. J. W. Mabry. Mandamus by the state on tlie relation of Arthur Coliman against P. H. Pitts, probate judge, to compel him as such probate judge to issue a license to relator to sell liquor. From an order denying the writ, relator appeals. The enactment is local, and in construing it, it cannot be looked to alone, but must be read in connectios with other acts of the same session in pari materia.
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Appeal from Selma City Court. Heard- before Hon. J. W. Mabry. Mandamus by the state on tlie relation of Arthur Coliman against P. H. Pitts, probate judge, to compel him as such probate judge to issue a license to relator to sell liquor. From an order denying the writ, relator appeals. The enactment is local, and in construing it, it cannot be looked to alone, but must be read in connectios with other acts of the same session in pari materia. Special acts passed contemporaneously or nearly so with general acts must be considered as exceptions to the more general expression of legislative…
1Opinion of the CourtAnderson, J.
The act of 1907 (Sp. Acts, p. 71), known as the “state-wide prohibition law,” expressly prohibits the manufacture, sale, etc., of alcoholic, spirituous, vinous, or malt liquors, etc., “within this state.” Section 10 provides a penalty for a violation of same, and it is a plain and complete general law, as defined by section 110 of the Constitution of 1901. It is true that section 13 postpones the operation thereof, in certain counties, until the 1st day of January 1909, bnt it nevertheless applies, with full force and effect, to the entire state. It is but a question of a few months when it…
2Cases cited5 opinions
- State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
- State ex rel. Covington v. ThompsonSupreme Court of Alabama · 1904
- State v. DavisSupreme Court of Alabama · 1900
- State ex rel. Brown v. PorterSupreme Court of Alabama · 1905
- Bradley v. StateSupreme Court of Alabama · 1892
3Cited by49 opinions
- Alabama State Federation of Labor v. McAdorySupreme Court of Alabama · 1944
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Reynolds v. CollierSupreme Court of Alabama · 1920
- Kimmons v. Jefferson County Board of EducationSupreme Court of Alabama · 1920
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
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