Burns v. Mayor
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. RapieR. The appellant was prosecuted, before the mayor of the city of Mobile, for the violation of a municipal ordinance, and was fined $50. She removed the case, by appeal, into the circuit court, where a complaint was filed, in these words: “ The plaintiff claims of the defendant fifty dollars penalty, for that whereas, on the 17th day of March, 1858, the said defendant did, or permit some other person to…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. RapieR. The appellant was prosecuted, before the mayor of the city of Mobile, for the violation of a municipal ordinance, and was fined $50. She removed the case, by appeal, into the circuit court, where a complaint was filed, in these words: “ The plaintiff claims of the defendant fifty dollars penalty, for that whereas, on the 17th day of March, 1858, the said defendant did, or permit some other person to sell, furnish or give away, spirituous, or intoxicating, or malt liquors, to a slave, in the corporate limits of said…
1Opinion of the CourtStone, J.
The Code (§ 2253) declares, that, on demurrer, “no objection can be taken or allowed, which is not distinctly stated in the demurrer.” The demurrer in this case does state s the part or portion of the complaint to which it is interposed; but it does not state the objection to the complaint, or part of the complaint.
*487Suppose a demurrer were filed to an entire complaint, or to an entire count in a complaint, and the demurrer should state no other objection than that it was interposed to the whole complaint, or to a particular count in the complaint; all would concede, that this would not be a…
2Cited by6 opinions
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Brock v. South & North. Ala. R. R.Supreme Court of Alabama · 1880
- Donegan & Tabor v. WoodSupreme Court of Alabama · 1873
- Williams v. BowdinSupreme Court of Alabama · 1880
- Robbins v. MendenhallSupreme Court of Alabama · 1860
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