Legal Opinion

Case v. Mayor of Mobile

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 33 opinions

Appeal from tbe City Court of Mobile. TfieA-béfofé the ’Iion-V AtfexCM'cK'iNSirRT.' Tjpii'- appellant .was. fined‘;i$50i by ‘the» maydr of the" city of Mobile, for an allegediviolation-ofr amofdinance, ;pim bibiting tbe selling of liquor without a license; and removed tbe proceedings, by appeal, into the city court, where tbe following complaint was filed against him: “Mayor, Aldermen, an dr Common Council of Mobile/ Plaintiff claims of defend-ys.

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Appeal from tbe City Court of Mobile. TfieA-béfofé the ’Iion-V AtfexCM'cK'iNSirRT.' Tjpii'- appellant .was. fined‘;i$50i by ‘the» maydr of the" city of Mobile, for an allegediviolation-ofr amofdinance, ;pim bibiting tbe selling of liquor without a license; and removed tbe proceedings, by appeal, into the city court, where tbe following complaint was filed against him: “Mayor, Aldermen, an dr Common Council of Mobile/ Plaintiff claims of defend-ys. ( ant $50, for violation of the John Case. ) ordinance above set forth. “Plaintiff claims the sum of $50 as a fine, for that the defendant, on the…

1Opinion of the CourtRice, C. J.

In declaring on a by-law, the liability of the defendant must distinctly appear. As the appellee in the present case is a municipal, or public corporation, the courts of this State will take judicial notice of its charter, and of its power to make by-laws; but not of the by-laws made by it. In a complaint for a penalty under. one of its by-laws, the by-law must be set forth, and the-breaeh of it, and the right of the plaintiff to' sue for the • penalty. — Company of Feltmakers v. Davis, 1 Bos. & Pul. 98; 1 Saund. Pl. & Ev. 324; Comyn’s Dig., title, Pleader, (2 W, 11.)

Tested by the principies…

2Cited by33 opinions

  1. City Council v. HughesSupreme Court of Alabama · 1880
  2. Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
  3. North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
  4. Albrittin v. Mayor of HuntsvilleSupreme Court of Alabama · 1877
  5. Perryman v. City of GreenvilleSupreme Court of Alabama · 1874

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