Browne v. City of Mobile
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before tbe Hon. O. J. Sejimes. This action was brought by the appellee, the City of Mobile, against the appellant, W. F. Browne. In the complaint, the plaintiff claimed of the defendant the sum of ten dollars as a penalty for the violation of an ordinance of the City of Mobile.
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Appeal from the City Court of Mobile. Tried before tbe Hon. O. J. Sejimes. This action was brought by the appellee, the City of Mobile, against the appellant, W. F. Browne. In the complaint, the plaintiff claimed of the defendant the sum of ten dollars as a penalty for the violation of an ordinance of the City of Mobile. The ordinance which was alleged to have been violated was set out in the complaint, and was an ordinance to fix the rate of licenses for the year commencing March 15, 1897. Section 1 required each person, firm, association or corporation, trading or carrying on any business,…
1Opinion of the CourtSharpe, J.
— After the demurrer to the original complaint filed in the city court was sustained, there was filed what purported to be an amended complaint, setting out the cause of action in full which tvas apparently intended as, and which was treated in the subsequent proceedings as, a substitute for the original complaint. This was demurred to as the amended complaint upon the single ground that “said amended complaint fails to allege that defendant was engaged in carrying on the business of using a vehicle upon the streets of the city of Biobile in the transportation of goods, wares and merchandise…
2Cases cited3 opinions
- Gartside v. City of East St. LouisIllinois Supreme Court · 1867
- Kentz v. City of MobileSupreme Court of Alabama · 1898
- Davis v. PetrinovichSupreme Court of Alabama · 1896
3Cited by15 opinions
- Kennamer v. StateSupreme Court of Alabama · 1907
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Dixie Coaches, Inc. v. RamsdenSupreme Court of Alabama · 1939
- Bissett v. Pioneer Irrigation DistrictIdaho Supreme Court · 1912
- Hill v. MoodySupreme Court of Alabama · 1922
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