Harris v. Intendant & Council of Livingston
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Thomas A. ’Waleer. The appellant was fined by the municipal authorities of the town of Livingston, for a violation of a town ordinance, arid took an appeal to the circuit court.
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Thomas A. ’Waleer. The appellant was fined by the municipal authorities of the town of Livingston, for a violation of a town ordinance, arid took an appeal to the circuit court. On the trial in that court, as appears by the bill of exceptions, the plaintiffs read in evidence an act of the legislature,, approved February 9, 1852, entitled “ An act to extend the power and authority of the intendant and council of the town of Livingston,” which may be found in the session acts of 1851-2, on page 386, and which is as follows : “ Be it…
1Opinion of the CourtStone, J.
— The act of 1835, “ to incorporate the town of Marion,” employs almost the same language-as that found in the act “ to^ extend the power and authority of the intend-ant and council- of the town of Livingston.” — Sess. Acts 1851-2, p. 336. The former statute received a judicial construction in this court, in the case of The Intendant and Council of the Town of Marion v. Chandler, 6 Ala. 899. It was there held, that the ordinance of the intendant and council was intended to operate a prohibition of retailing; and that, as such, it was within the pale of the powers conferred by the act of…
2Cases cited2 opinions
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
3Cited by6 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Mernaugh v. City of OrlandoSupreme Court of Florida · 1899
- Ex parte BurnettSupreme Court of Alabama · 1857
- Ex parte Mayor of FlorenceSupreme Court of Alabama · 1885
- Olmstead v. CrookSupreme Court of Alabama · 1889
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