Legal Opinion

Mayor v. Allaire

Supreme Court of Alabama

Decided June 15, 1848PublishedCited by 48 opinions

Writ of Error to the Comity Court of Mobile. This was an appeal from the judgment of the mayor of the city of Mobile. The plaintiff in error had committed an assault and battery upon the person of one Charles Cullum, within the corporation limits of the city of Mobile, which assault and battery was in violation of an ordinance of the city which was then in force,-and imposed a fine of $50 for a violation of its provisions.

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Writ of Error to the Comity Court of Mobile. This was an appeal from the judgment of the mayor of the city of Mobile. The plaintiff in error had committed an assault and battery upon the person of one Charles Cullum, within the corporation limits of the city of Mobile, which assault and battery was in violation of an ordinance of the city which was then in force,-and imposed a fine of $50 for a violation of its provisions. He was arrested, and fined by the mayor of the city $50, from which judgment he appealed to the county court. Subsequent to the appeal, and before the trial in the county…

1Opinion of the Court

COLLIER, O. J.

The 15th section of the act of 1844, “ to consolidate the several acts of incorporation of the city of Mobile, and to alter and amend the same,” after declaring that the mayor, aldermen, &c. shall have full power and authority to pass all by-laws and ordinances to effect certain defined purposes, provides that they shall be authorized “ to *402pass all such resolutions, by-laws and ordinances, as they, or a majority of them, may deem requisite and necessary for the good government of the said city, not contravening the laws of the State of Alabama.” It is enacted by the 44th section…

2Cases cited4 opinions

  1. Rogers v. JonesNew York Supreme Court · 1828
  2. Mayor of Mobile v. RouseSupreme Court of Alabama · 1845
  3. State v. EstabrookSupreme Court of Alabama · 1844
  4. Page v. StateSupreme Court of Alabama · 1847

3Cited by48 opinions

  1. In re SicCalifornia Supreme Court · 1887
  2. McInerney v. City of DenverSupreme Court of Colorado · 1892
  3. City of Dothan v. HollowaySupreme Court of Alabama · 1986
  4. Thelsen v. McDavidSupreme Court of Florida · 1894
  5. State v. LeeSupreme Court of Minnesota · 1882

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