City of Bessemer v. Eidge
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. W. S'. Eidge was convicted for the violation of an ordinance of the city of Bessemer in its municipal court. Upon application to the city court of Bessemer, he was discharged upon a writ of habeas corpus, from which judgment the city appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. W. S'. Eidge was convicted for the violation of an ordinance of the city of Bessemer in its municipal court. Upon application to the city court of Bessemer, he was discharged upon a writ of habeas corpus, from which judgment the city appeals. The city had the authority to pass ordinances to prevent the storage of liquor. — Secs. 1251 and 1341, Code 1907; 17 A. & E. Ency of Law, 287. The liquors may be seized and destroyed. — 23 Oyc. 292. Habeas corpus will not lie. — Ex parte Bimell, 21 South. 371; Bray v. The State, 37…
1Opinion of the CourtMayfield, J.
Appellee was arrested, prosecuted, and convicted, and sentenced to hard labor, for violating an ordinance of the city of Bessemer, after which he was released and discharged by the judge of the city court of Bessemer on a writ of habeas corpus; such judge declaring the ordinance under which the prosecution was had, to be void. From that order or judgment the city of Bessemer prosecutes this appeal.
It is claimed by counsel that this appeal is taken under section 1220 of the Code of 1907; it being section 66 *203of the Municipal Code hill passed by the last session of the Legislature, of date…
2Cases cited13 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Burns v. . ErbenNew York Court of Appeals · 1869
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- Butler v. StateSupreme Court of Alabama · 1900
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3Cited by15 opinions
- Knox v. StateAlabama Court of Appeals · 1964
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- Usrey v. StateCourt of Criminal Appeals of Alabama · 1974
- Barton v. City of BessemerSupreme Court of Alabama · 1937
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