Legal Opinion

State ex rel. City of Birmingham v. Fort

Alabama Court of Appeals

Decided February 9, 1915PublishedCited by 5 opinions

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

  1. Town of Brighton v. MilesSupreme Court of Alabama · 1907
  2. State ex rel. City of Birmingham v. FortSupreme Court of Alabama · 1909
  3. House v. City of AnnistonAlabama Court of Appeals · 1912

3Cited by5 opinions

  1. Thompson v. City of BirminghamSupreme Court of Alabama · 1928
  2. Moore v. City of BirminghamAlabama Court of Appeals · 1915
  3. Puryear v. State Ex Rel. WadeAlabama Court of Appeals · 1917
  4. Thompson v. City of BirminghamAlabama Court of Appeals · 1927
  5. Thompson v. City of BirminghamAlabama Court of Appeals · 1927

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