Anthony v. City of Birmingham

FOSTER, Justice.

A case pending on appeal by defendant to the circuit court from the recorder’s court is triable de novo. Section 1937, Code. When so, as long as it remains in the circuit court, the judgment of the recorder’s court is ineffective as such,- and as jeopardy it stands as though it had never been rendered. 15 Am.Jur. 53, section 378; 43 Corpus Juris 486, note 33. However, the circuit court may dismiss the appeal and thereby reinstate the judgment of the recorder’s court. Section 1938, Code, as amended by Act of September 14, 1935. General Acts 1935, page 1107. This effected a…