Little v. City of Attalla
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. W. B. Little was convicted of violating an ordinance of tbe city of Attalla, probibiting gaming, and be appeals.
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Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. W. B. Little was convicted of violating an ordinance of tbe city of Attalla, probibiting gaming, and be appeals. The ordinance was invalid as being beyond the power of the municipality. —Mayer v. Stonewall I. Co., 53 Ala. 570; Mayor v. Wetu/mpka Wharf Co., 63 Ala. 611; Dunn v. Wileov County, 85 Ala. 144; Section 89, Constitution 1901; Black on Interpretation of Laws, 313; 108 U. S. 110. Ordinances must be in consonance with the general principles of the common law of the State. — Huntsville v Phelps, 27 Ala. 55; Ex parte…
1Opinion of the CourtPelham, J.
The appellant was prosecuted in the mayor’s court of the city of Attalla for gambling in violation of an ordinance of the city, was convicted, and appealed to the city court of Gadsden, where the case *289was tried ele novo and an appeal prosecuted to this court. The city filed a complaint in the proceedings had in the city court of Gadsden against the defendant, setting out the ordinance in liaec verba, and averring a violation thereof by the defendant, charging him with betting money or other things of value upon a game played with cards, etc. The ordinance in question is as follows: “Be it…
2Cases cited11 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Powell v. StateSupreme Court of Alabama · 1881
- Ex parte BizzellSupreme Court of Alabama · 1895
- Ex parte ByrdSupreme Court of Alabama · 1887
- Kreulhaus v. City of BirminghamSupreme Court of Alabama · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rogers v. StateAlabama Court of Appeals · 1915
- Town of Boaz v. JenkinsAlabama Court of Appeals · 1946
- City of Rochester v. BemelSupreme Court of Minnesota · 1930
- Miller v. City of HuntsvilleAlabama Court of Appeals · 1924
- Rhodes v. McWilsonAlabama Court of Appeals · 1917