State v. Strawbridge

Alabama Court of Appeals

State v. Strawbridge

76 So. 479, 16 Ala. App. 195, 1917 Ala. App. LEXIS 256

CourtAlabama Court of Appeals

DecidedJune 12, 1917

Docket6 Div. 369.

StatusPublished

Cited by3 cases

This text of 76 So. 479 (State v. Strawbridge) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Strawbridge, 76 So. 479, 16 Ala. App. 195, 1917 Ala. App. LEXIS 256 (Ala. Ct. App. 1917).

Pincite

Opinion

BRICKEN, J.

[1] This appeal is on the record. There are hut two propositions involved: The first question presented is, Can the Legislature delegate to the court of county commissioners of Lamar county the authority to make and promulgate rules and regulations, the violation of which constitutes crime. This question has been decided in the affirmative in the following cases: Whaley v. State, 168 Ala. 152, 52 South. 941, 30 L. R. A. (N. S.) 499; State v. McCarty, 5 Ala. App. 212, 59 South. 543; Floyd v. State, 15 Ala. App. 654, 74 South. 752.

[2] The next insistence is that the license tax upon vehicles is a double taxation, and is therefore unconstitutional and void. This question was decided adversely to the ruling of the lower court in the instant case in Hudgens v. State, 72 South. 605. 1 The court therefore erred in sustaining the demurrers to the complaint, and for the errors pointed out, the judgment of the lower court is reversed, and the cause remanded.

Reversed and remanded.

1

15 Ala. App. 156.

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BRICKEN, J.

[1] This appeal is on the record. There are hut two propositions involved: The first question presented is, Can the Legislature delegate to the court of county commissioners of Lamar county the authority to make and promulgate rules and regulations, the violation of which constitutes crime. This question has been decided in the affirmative in the following cases: Whaley v. State, 168 Ala. 152, 52 South. 941, 30 L. R. A. (N. S.) 499; State v. McCarty, 5 Ala. App. 212, 59 South. 543; Floyd v. State, 15 Ala. App. 654, 74 South. 752.

[2] The next insistence is that the license tax upon vehicles is a double taxation, and is therefore unconstitutional and void. This question was decided adversely to the ruling of the lower court in the instant case in Hudgens v. State, 72 South. 605. 1 The court therefore erred in sustaining the demurrers to the complaint, and for the errors pointed out, the judgment of the lower court is reversed, and the cause remanded.

Reversed and remanded.

1

15 Ala. App. 156.

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Bluebook (online)

76 So. 479, 16 Ala. App. 195, 1917 Ala. App. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-strawbridge-alactapp-1917.

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