City of Demopolis v. Atkeison
Alabama Court of Appeals
Appeal from Marengo Law and Equity Court. Heard before Hon. E. J. Gilder. The city of Demopolis prosecuted Charles A. Atkeison for a violation of its ordinance, and from an adverse judgment the city appeals. Couhsed discuss the errors assigned, together with citation of authority to sustain their contention, but in view of the opinion it is not deemed necessary to here set them out, as they do not brief the point decided.
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Appeal from Marengo Law and Equity Court. Heard before Hon. E. J. Gilder. The city of Demopolis prosecuted Charles A. Atkeison for a violation of its ordinance, and from an adverse judgment the city appeals. Couhsed discuss the errors assigned, together with citation of authority to sustain their contention, but in view of the opinion it is not deemed necessary to here set them out, as they do not brief the point decided. The record fails to show the proper court presided over by a proper officer, and hence, the judgment rendered will not support an appeal. — 147 Ala. 274.
1Opinion of the CourtPelham, J.
The appeal in this case purports to be from the law and equity court of Marengo county, but the record does not show any organization of the court from the judgment of which the appeal is prosecuted. For failure to show by the record that the court was held at the time and place designated by law and presided over by an officer authorized by law, the appeal must be dismissed.-Pensacola A. & W. Ry. Co. v. Big Sandy Iron Co., 147 Ala. 274, 41 South. 418; Tom Grantham v. State, 3 Ala. App. 168, 57 South. 1025; Thomas v. Daniel Bros., 42 South. 623 f McPherson v. Wiggins, 40 South. 961;2 2 Cyc.…
2Cases cited2 opinions
- Pensacola, A. & W. Ry. Co. v. Big Sandy Iron Co.Supreme Court of Alabama · 1906
- Grantham v. StateAlabama Court of Appeals · 1912
3Cited by5 opinions
- Bunn v. StateAlabama Court of Appeals · 1967
- Gallahar v. Ingram & Co.Alabama Court of Appeals · 1913
- Hudgins v. Pickens CountyAlabama Court of Appeals · 1913
- Morrison v. StateAlabama Court of Appeals · 1969
- Ogden v. StateAlabama Court of Appeals · 1915