State ex rel. City of Birmingham v. Fort
Alabama Court of Appeals
Mandamus. Original petition in Court of Appeals. The state on the relation of the city of Birmingham applies for a mandamus or a writ of procedendo to issue to Hon. William E. Fort, Judge of the Criminal Court of Jefferson county, to require him to- return or certify back to the recorder’s court for enforcement a judgment there rendered, from which the defendant appealed and forfeited his appeal bond by a failure to appear and answer the charges, on which a final forfeiture…
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Mandamus. Original petition in Court of Appeals. The state on the relation of the city of Birmingham applies for a mandamus or a writ of procedendo to issue to Hon. William E. Fort, Judge of the Criminal Court of Jefferson county, to require him to- return or certify back to the recorder’s court for enforcement a judgment there rendered, from which the defendant appealed and forfeited his appeal bond by a failure to appear and answer the charges, on which a final forfeiture had been entered. Mandamus is the proper remedy.- — Ex parte Waters, 61 South. 904; Ex parte Jonas, 64 South. 960; 19 A.…
1Opinion of the CourtPelham, P. J.
A municipal corporation, the city of Birmingham, seeks by mandamus proceedings to compel the judge of the criminal court of Jefferson county to dismiss a case pending on appeal in that court from a judgment of conviction rendered in the recorder’s court of the municipality against a defendant charged with the violation of one of the ordinances of said city, and to order a procedendo to the recorder’s court requiring that court to enforce the judgment there rendered, because the defendant had not prosecuted his appeal, but had made default and allowed a forfeiture to be taken against him and…
2Cases cited3 opinions
- Town of Brighton v. MilesSupreme Court of Alabama · 1907
- State ex rel. City of Birmingham v. FortSupreme Court of Alabama · 1909
- House v. City of AnnistonAlabama Court of Appeals · 1912
3Cited by5 opinions
- Thompson v. City of BirminghamSupreme Court of Alabama · 1928
- Moore v. City of BirminghamAlabama Court of Appeals · 1915
- Puryear v. State Ex Rel. WadeAlabama Court of Appeals · 1917
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927