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238 Ala. 148

189 So 771

Klein v. State Ex Rel. Evans

Supreme Court of Alabama

Decided June 8, 1939

Supreme Court of Alabama · decided 1939-06-08

Relies on Ex Parte Cowin · Garrett v. State Ex Rel. Matthews · Broadfoot v. State Ex Rel. Simpson

Good law ✅— No negative treatment on recordhow we know

Decided 1939-06-08

How this case has been cited

Cited by 5 later decisions — most recently February 1964

5 state decisions

201939194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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KNIGHT, Justice.

¶1 Bill to abate a liquor nuisance, filed under the provisions of Sections 4671 et seq., of the Code, by the State of Alabama, on relation of H. H. Evans, Deputy Solicitor of Calhoun County.

¶2 The averments of the bill comply in every respect with statutory requirements, and present a case calling into exercise the equity jurisdiction of the Circuit Court of Calhoun County to abate an alleged existing liquor nuisance carried on in said county by the appellant, defendant in the court below. Code, §§ 4619, 4671 and 4672. This bill is properly verified by the deputy solicitor, on whose relation it was filed.

¶3 The demurrer addressed to the bill is without merit. Barnett v. State ex rel. Simpson, Solicitor et al., 235 Ala. 326, 179 So. 208; Garrett v. State ex rel. Matthews, 235 Ala. 457, 179 So. 636; Harvell v. State ex rel. Sanford, 235 Ala. 329, 179 So. 233.

¶4 The evidence offered upon the trial was given ore tenus, and a review and consideration of the same, as found in the record, convinces us that the charges and averments of the bill were fully sustained, and that the court committed no error in its final decree in said cause.

¶5 It follows, therefore, that the decree of the circuit court is due to be affirmed. It is so ordered.

¶6 Affirmed.

ANDERSON, C. J., and THOMAS and BROWN, JJ.,'concur.
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