Miles v. City of Montgomery
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Charles Miles was complained against for selling, keeping for sale, and offering for sale certain liquors, contrary to an ordinance of the City of Montgomery, his demurrers to the complaint were overruled, and he appeals.
1Opinion of the CourtBrown, P. J.
[1] Rules of good pleading do not require that matters of which the courts are required to take judicial notice be stated, and courts take such notice of the existence of municipal corporations and their charter or statutory powers. Case v. Mayor of Mobile, 30 Ala. 598; Arndt v. City of Cullman, 132 Ala. 540, 31 South. 478, 90 Am. St. Rep. 922; Glenn v. City of Prattville, 14 Ala. App. 621, 71 South. 75.
[2] On the other hand, facts essential to a cause of action, and of which courts do not take judicial notice, must be stated with that certainty that the court, on an admission of the facts…
2Cases cited9 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
- Goldthwaite v. City CouncilSupreme Court of Alabama · 1874
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3Cited by15 opinions
- Nunnally Co. v. Bromberg & Co.Supreme Court of Alabama · 1928
- Taylor v. City of DecaturAlabama Court of Appeals · 1959
- Mays v. City of PrattvilleCourt of Criminal Appeals of Alabama · 1981
- Town of Lineville v. GaunttAlabama Court of Appeals · 1924
- Young v. City of AttallaAlabama Court of Appeals · 1932
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