Phenix City v. Putnam

MERRILL, Justice.

Appellee was convicted of violating an ordinance of the City of Phenix City and was fined $5 and costs. He appealed to the circuit court where a demurrer was filed to the city’s complaint. Appellee filed his answer without waiving the ruling on the demurrer. The trial court sustained the demurrer and acquitted and discharged the defendant on the ground that the ordinance was void. The city appeals.

The ordinance required a registration of private automobiles which use the streets of Phenix City and fixed the registration fee at $5. The reporter will include the ordinance in…