Ferrell v. City of Opelika
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. A. A. Evans. The appellant in thiá case, Edgar Ferrell, was triea before the Recorder of the City of Opelika upon a charge for gaming, and was convicted and fined $40.00. From the judgment of conviction, he appealed to the Circuit Court of Lee County.
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Appeal from the Circuit Court of Lee. Tried before the Hon. A. A. Evans. The appellant in thiá case, Edgar Ferrell, was triea before the Recorder of the City of Opelika upon a charge for gaming, and was convicted and fined $40.00. From the judgment of conviction, he appealed to the Circuit Court of Lee County. In the Circuit Court, the City of Opelika filed against the defendant the following complaint : “The plaintiff claims of the defendant fifty dollárs for the violation by the defendant of an ordinance of said City of Opelika, in words and figures as follows, to-wit:- — -‘Any person who…
1Opinion of the Court
HARALSON. J.
1. The ruling and judgment of the court on the motion.to strike, and on demurrer to the complaint, should appear in the judgment entry. The bill of exceptions is the proper place to show the cir*140cumstances, but the ruling- itself is a judgment and should appear in the record proper. — U. S. R. S. Co. v. Weir, 96 Ala. 401; 3 Brick. Dig. p. 78 § § 4, 7. The second entry of the ruling on the motion to strike is, “which motion being duly considered by the court, is by the court overruled,” and on demurrers to the complaint, the same “being by the court duly considered are by the court…
2Cases cited10 opinions
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Hereford v. CombsSupreme Court of Alabama · 1899
- Bessemer Land & Improvement Co. v. DuboseSupreme Court of Alabama · 1899
- Smith v. StateSupreme Court of Alabama · 1875
- Morgan v. Flexner & LichtenSupreme Court of Alabama · 1894
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3Cited by18 opinions
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- Wilbanks v. MitchellSupreme Court of Alabama · 1940
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