Mayor of Mobile v. Yuille
Supreme Court of Alabama
Error to the County Court of Mobile. This was a case agreed. The facts presented on the record are that the defendant in error is a baker in the city of Mobile; that a quantity of bread made by him for sale was condemned for being of less weight than required by the proclamation of the Mayor, made according to the ordinance of the Mayor and Aldermen — and fined twenty dollars.
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Error to the County Court of Mobile. This was a case agreed. The facts presented on the record are that the defendant in error is a baker in the city of Mobile; that a quantity of bread made by him for sale was condemned for being of less weight than required by the proclamation of the Mayor, made according to the ordinance of the Mayor and Aldermen — and fined twenty dollars. From this judgment he appealed to the County Court, which reversed the judgment of the Recorder, from which the Mayor and Aldermen prosecute this writ of error. The ordinance of the city, relating to the assize of…
1Opinion of the CourtOrmond, J.
The question presented on the record is, whether the Corporation of the city of Mobile had authority to pass the ordinance regulating the assiz.e-sf bread.
The power to make by-laws is incident to every corporation, and it is therefore unnecessary to confer the power by express grant in the charter. If the v alidity of a by-law is questioned, the test is whether it is reasonable and consonant to the general law of the State. By an act of the Legislature, passed 17th December, 1819, the inhabitants of the city of Mobile, were incorporated. '
The 7th section confers the power to make all…
2Cited by67 opinions
- Hutton Pk. Gardens v. West Orange Town CouncilSupreme Court of New Jersey · 1975
- Borman v. StateSupreme Court of Alabama · 1859
- Hutton Park Gardens v. Town CouncilSupreme Court of New Jersey · 1975
- State v. Peel Splint Coal Co.West Virginia Supreme Court · 1892
- Hockett v. StateIndiana Supreme Court · 1886
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