[DOWNLOAD] "State Ex Rel. James E. Woodruff v. Bernice" by Supreme Court of Alabama # eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. James E. Woodruff v. Bernice
• Author : Supreme Court of Alabama
• Release Date : January 06, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

PER CURIAM. This is an appeal by petitioner (appellant) from a judgment denying him a mandamus to the clerk of the city of
Prichard, Mobile County, for the issuance of a city license to sell package beer to be drunk off his premises. The answer of the clerk to the petition invoked an ordinance of the city, which provides for a license charge of $250 for
'Beer Parlors, Beer Package Stores, or other places where beer or other malt beverages are sold or offered for sale'. But
the ordinance also provides that 'no license shall be issued to any establishment which is nearer than five hundred (500)
feet by the route usually traveled from any church or schoolhouse.' (There are other restrictions not here involved.) The
answer alleges 'that the place of business operated by petitioner is less than five hundred (500) feet from a school, the
facts being that the school yard is directly across the street from petitioner's place of business and is frequented by small
children who purchase candy, soda water, cakes and other small purchases, that petitioner's place of business is regularly
visited at recess and lunch hour by the pupils of the school'. Other details are stated which are immaterial to the issue
made.

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