Taylor v. City of Decatur

On Application for Rehearing

CATES, Judge.

The City has cited us to Stinson v. Birmingham, 31 Ala.App. 577, 20 So.2d 113; Brooks v. Birmingham, 31 Ala.App. 579, 20 So.2d 115, and Ford v. Birmingham, 35 Ala.App. 371, 47 So.2d 287, for the proposition that these cases modify the rule we used here.

Our courts take judicial notice of Birmingham ordinances by statutory fiat. Section 7, Act No. 257, approved August 20, 1915 (Gen.Acts 1915, p. 294, at 297), and Act No. 193, approved June 18, 1943 (Gen.Acts 1943, p. 183). In Smiley v. Birmingham, 255 Ala. 604, 52 So.2d 710, Brown, J., apparently…