The Montgomery advertiser., 1906-08-10
crry . rMoBILE '. PHILLIPS.

CITY O FMOBILE V. PHILLlPS- Suit To Enforce License Ordinance--
 tDecided April II, lso6)-l4o 90
 Rep. s26.) r i. Intoxicating liquors; hcense--Tne nrovision of the charter of the City ot Mobile (Acts 1901 p. 2374) section 4s, that but one license shall be requlreo for mariners trading or business done under firm name. merely authorizes IT. cense to partnerships, and does not operate to exempt one from license as Q wholesale beer dealer, who has pro- cured license as retail beer dealer. g. Commerce original packages; sale of beer by barrei--It is not a con- traventfon of the commerce clause of the constitution of the United States to require by ordinance license to sell beer by the barrel. half barrel and aur- ter barrel when such business Is con- ducted by a. resident of the city al though the beer Is shipped in from out the State and sold in its original packages.
 Appeal from Mobile City Court
 Heard before Hon. 0. J. Semmes. Reversed and Remandcd. Opinion by weakley. C. '.
 Tyson. Simpson and Anderson. JJ.. concur.
 ROSE ct al v. State ex rol SIMS Iuo WAFTaAIO--(D DeciQeQ ApTll I fs 1SVo-t '
 GAO So. Rep. s51.)
 Constitutional law; delegation of legislative powers-The act authorizing a dispensary in the town of Georgiana (Local Acts 1903, D. 6671 is unconsti- tutional and void because in one sec- tion thereof it authorizes the commits sioners to suspen dthe dispenssary at any time they may see fit.
 Appeal from Butler Circuit Court. L ~ a@E.a Aer4 Affirmed Opinion by Dowdell. J
 weakley. c. J., Haralson and Denson U, concur.
 A. SHIFT & SON v. ANDREss. Bill to Cancel Deed as Cloud Upon
 Title, Alleging Fraud in it's Pro-
 curenaent-tD Decided April IT,
 1906 )--(40 So. Rep. 824.)
 i. Apeal; demurrers; assignment of error; right to complain---Where the appeal and the assignment of errors is joint. one defendant may not conn plain, on apeal, of the action of the trial court in overnling demurrers filed by his co-defendant alone.
 g. Quieting title; deed; incapacity of grantor; want of consideration, bill A bill to remove cloud upon title which alleges possession by the com piainant of the and, that at time deed was made complainant was an illit- crate woman so years of age. that she was induced to execute the deed without knowing the nature and char acter of the transaction or her act and that it was without consideration contains equity, and was not subject to motion to dismiss for want oi equity.
 8. Vendor and purchaser; bona fds purchasers; notice.--Where one re mains in possession of land after ex' ecutitng deeds to same such posses sion is notice to purchasers of .hel grantee of her equitable rights IT same.
 Appeal: joint assignment of CT TOT; plea.-On a joint appeal and join assignment of errors, plea filed D, only one defendant cannot be made basis for an assignment by all the de fendants.
 s. EEauity; relief, plea. Relief fl not granted in equity to defendan upon plea, and proof of plea upoi which issue is joined can have n' more effect than to deny eomplainan relief sought.
 G. Same; partial proof.--All tn averments of plea must be provel to support the same in equity as wei as at law.
 T. Same; deniaIs of answer; insuf fciency.--where the deniaIs in the an swer are literal and evasive of tn traverse the allegations of the, bill such denials are insufficient to cal for prof upon such matter.
 Apeal from Monroe Chancery Cour
 Heard before Hon. Thomas H.. Smitf
 Alarmed Opinion by Weakley. c, Tyson, simpson, and Anderson, J. j concur.