Wiggs v. State
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. John Wiggs was convicted of violating the prohibition law, and he appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. John Wiggs was convicted of violating the prohibition law, and he appeals. The first ground of demurrer to the replication should have been sustained. — McKenzie v. Forbes, 155 Ala. 259-; Owensboro W. Co. v. Hall, 149 Ala. 210. The other grounds of demurrer to the replication should have been sustained. —Henry v. The State, 33 Ala. 389; Cochran v. The State, 89 Ala. 43; Wesson v. The State, 109 Ala. 61-. The judgment of acquittal on appeal was conclusive.— Drinkard v. Oden, 150 Ala. 475. The court erred in permitting the…
1Opinion of the Court
de GRAFFENRIED, J. —
1. Section 1252 of the Code provides that “no ordinance or resolution of a city or town,” intended to be of permanent operation, shall become a law, unless on its final passage a majority of the members elected to said council, including the mayor of cities of less than 6,000 inhabitants, and in
*191towns, shall vote in its favor. Guntersville is a town, and has five aldermen, who are. the members of its council, and a mayor. Only three members of said council voted for the adoption of the ordinance hereinafter referred to, and, as three is not a majority of six, the ordinance,…
2Cases cited7 opinions
- Finley v. StateSupreme Court of Alabama · 1878
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
- Reynolds v. StateAlabama Court of Appeals · 1911
- Bell v. Town of JonesboroAlabama Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cooper v. Town of Valley HeadSupreme Court of Alabama · 1924
- Wright v. StateCourt of Criminal Appeals of Alabama · 1986