Brown v. Mayor of Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. The plaintiff in error was proceeded against before the May- or of Mobile, for a violation of an ordinance of the city forbidding the trading with slaves without permission from the master or other person having control of such slave, in writing or otherwise, first obtained. He was found guilty, and fined by the Mayor $50; from which judgment ho appealed to the Circuit Court.
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Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. The plaintiff in error was proceeded against before the May- or of Mobile, for a violation of an ordinance of the city forbidding the trading with slaves without permission from the master or other person having control of such slave, in writing or otherwise, first obtained. He was found guilty, and fined by the Mayor $50; from which judgment ho appealed to the Circuit Court. In that court the following statement was filed, (after setting out the parties in the margin :) “ Circuit Court of Mobile County, Fall Term,…
1Opinion of the CourtLigon, J.
Proceedings for the recovery of fines or penalties for the violation of ordinances, made for the government of cities or incorporated towns, are quasi criminal in their charac‘ter, and as such should be conducted with greater regard to strictness than attaches to the pleadings in civil cases.
The recovery of the penalty is also a punishment of the of-fence against which the violated ordinance is aimed, and the prosecution should he so conducted, in respect to its pleadings, that the party proceeded against may know at once the charge brought against him and he enabled to meet it directly. If…
2Cases cited1 opinion
- Francois v. StateSupreme Court of Alabama · 1852
3Cited by15 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- Casteel v. City of DecaturSupreme Court of Alabama · 1926
- Barron v. City of AnnistonSupreme Court of Alabama · 1908
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