City Council v. Foster
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery, Tried before Hon. Jas. Q. Smith. The appellee Foster ivas fined one hundred dollars in the mayor's court, under the provisions of an ordinance of the city, for resisting an officer. He appealed to the circuit court, in which court, on motion of Foster, the case was dismissed, and the costs taxed against the appellant. The appellant moved to have the judgment entered without costs, which was refused; hence this appeal.
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Appeal from Circuit Court of Montgomery, Tried before Hon. Jas. Q. Smith. The appellee Foster ivas fined one hundred dollars in the mayor's court, under the provisions of an ordinance of the city, for resisting an officer. He appealed to the circuit court, in which court, on motion of Foster, the case was dismissed, and the costs taxed against the appellant. The appellant moved to have the judgment entered without costs, which was refused; hence this appeal. The city council is not liable to be taxed with costs in cases of this \vincb This is not a civil proceeding and there is no law autV…
1Opinion of the CourtBrickell, C. J.
At common law costs Aere not recoverable by either party, in any case civil or criminal. They are given by statute, and it is declared “the law of costs must be deemed and held a penal law, and no fee must be taken but in eases expressly provided by law.”—R. C. § 3534; Stewart v. Hood, 10 Ala. 600; Lee v. Smyley, 16 Ala. 773; Bent & McGruder v. State, 12 Ala. 514; Tuck v. State, 8 Ala. 664.
The ordinances of a municipal corporation are punitive regulations, and the object of a proceeding for a violation of them is not redress for a civil injury, but the punishment of an offender against the…
2Cases cited5 opinions
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- Stewart v. HoodSupreme Court of Alabama · 1846
- Brown v. Mayor of MobileSupreme Court of Alabama · 1853
- Lee v. SmyleySupreme Court of Alabama · 1849
- Tuck v. StateSupreme Court of Alabama · 1845
3Cited by10 opinions
- Town of Camden v. BlochSupreme Court of Alabama · 1880
- Barron v. City of AnnistonSupreme Court of Alabama · 1908
- State v. Town of SpringvilleSupreme Court of Alabama · 1929
- City of Selma v. StewartSupreme Court of Alabama · 1880
- Rome & Decatur Railroad v. SibertSupreme Court of Alabama · 1892
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