City of Birmingham v. Perry

PRICE, Judge.

This is an appeal by the City of Birmingham from a judgment of the circuit court of Jefferson County discharging the petitioner upon a writ of habeas corpus sued out by him.

The case was submitted on appellee’s motion to dismiss the appeal and on the merits.

The motion to dismiss the appeal contains in substance two main grounds: (1) The transcript is not certified in accordance with Title 15, Sec. 369(d), Code of Alabama 1940, as amended, and (2) The City of Birmingham does not have the authority to appeal.

Appellee’s contention that the appeal should be dismissed because the tran…