Aderhold v. Mayor of Anniston
Supreme Court of Alabama
Appear from tbe City Court of Anniston. Tried before tbe Hon. B. F. Cassady. Tbe appellant was tried and convicted before tbe Recorder of tbe city of Anniston for a violation of ordinance 317, wbicb ordinance was in tbe following language: “Affrays.— Any person wbo engages or participates in any figbt or affray, must, on conviction, be fined not less than one nor more than one hundred dollars.” An appeal was taken from the judgment of the Recorder to the City Court.
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Appear from tbe City Court of Anniston. Tried before tbe Hon. B. F. Cassady. Tbe appellant was tried and convicted before tbe Recorder of tbe city of Anniston for a violation of ordinance 317, wbicb ordinance was in tbe following language: “Affrays.— Any person wbo engages or participates in any figbt or affray, must, on conviction, be fined not less than one nor more than one hundred dollars.” An appeal was taken from the judgment of the Recorder to the City Court. Upon the filing of the complaint in the City Court, the defendant demurred thereto, on the ground that there was a variance in…
1Opinion of the CourtHabalson, J.
The charter of city of Anniston as amended, (Acts 1890-91, p. 109, § 3) provides, that in cases of appeal from the recorder, “The proceedings on such appeal shall be in all respects as prescribed by law in cases of appeals from judgments of a justice of the peace in civil cases, except as changed by this section......In case the defendant appears, and judgment is rendered by said court for money, the court must also render judgment against the sureties on his appeal bond, for the amount of such judgment and costs.”
Two ordinances of said city, Nos. 102 and 317, were introduced, and are set out…
2Cases cited4 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Blankenshire v. StateSupreme Court of Alabama · 1881
- Noles v. MarableSupreme Court of Alabama · 1874
- Staggers v. WashingtonSupreme Court of Alabama · 1876
3Cited by27 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
- Turner v. Town of LinevilleAlabama Court of Appeals · 1911
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Sherrod v. StateAlabama Court of Appeals · 1916
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