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O'NEAL v. TOWN OF WHIGHAM

16975, 16990.

206 Ga. 511 (1950)

57 S.E.2d 591

O'NEAL, Solicitor General, ex rel. etc. v. TOWN OF WHIGHAM et al.; et vice versa.

Supreme Court of Georgia.

February 14, 1950.

Attorney(s) appearing for the Case

Maston O'Neal, Solicitor-General, and Cain & Smith, for plaintiff.

L. H. Foster and Bell & Baker, for defendants.

WYATT, Justice.

Much is said in the briefs in this case as to whether or not the Malt Beverage Act of 1935 (Ga. L. 1935, p. 73) had the effect of repealing sec. 4, Ga. L. 1907, p. 970, which prohibited the sale of beer in the Town of Whigham, and also as to the validity of the excise tax. This case must be decided before reaching either of these questions.

"The illegal sale of intoxicating liquors is a public nuisance, affecting the whole community in which...

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