State v. Spurlock
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. William Spurlock was convicted and fined by a justice of the peace of the city of Mobile, and brings habeas corpus for his discharge. From an order granting the discharge the state appeals. The Act approved Feb, 1, 1901, (Acts 1900-01, p. 794) deprived justices of the peace of Mobile county of their criminal jurisdiction and invests it in the inferi- or court.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. William Spurlock was convicted and fined by a justice of the peace of the city of Mobile, and brings habeas corpus for his discharge. From an order granting the discharge the state appeals. The Act approved Feb, 1, 1901, (Acts 1900-01, p. 794) deprived justices of the peace of Mobile county of their criminal jurisdiction and invests it in the inferi- or court. This Act was repealed by the Code of 1907.— Section 10, Code 1907; Section 6733, Code 1907; 26 A. & E. Ency of Law, 741; Roberts v. Pippin, 75 Ala. 103; Parsons v.…
1Opinion of the CourtAnderson, J.
Section 6733 of the Code of 1907 fixes and defines the jurisdiction of justices of the peace, and concludes as follows: “And all local or special laws in conflict herewith are expressly repealed(Italics supplied.) While the repealing clause of the section in question does no more than to repeal laws in conflict therewith, and which would be the result, regardless of the insertion of said clause, hut for the proviso of section 10 of the Code of 1907 in reference to local laws on this subject (Ogbourne v. Ogbourne, 60 Ala. 616; District of Columbia v. Sisters of Visitation, 15 App. D. C. 308),…
2Cases cited4 opinions
- Parker v. HubbardSupreme Court of Alabama · 1879
- Ogbourne v. Ogbourne's Adm'rSupreme Court of Alabama · 1877
- Roberts v. PippenSupreme Court of Alabama · 1883
- Board of Revenue v. BarberSupreme Court of Alabama · 1875
3Cited by6 opinions
- State Ex Rel. Holcombe v. StoneSupreme Court of Alabama · 1936
- In Re Jefferson County, Ala.United States Bankruptcy Court, N.D. Alabama · 2012
- Pharr v. WhittleSupreme Court of Alabama · 1939
- Joyce Leeds Jewelry Company v. LambethAlabama Court of Appeals · 1956
- State ex rel. Miller v. HermannSupreme Court of Alabama · 1909
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