City of Birmingham v. Ridgeway
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard, before Hon. A. O. Lane. J. T. Ridgeway was prosecuted for violating an ordinance of the city of Birmingham, and the city takes this appeal, from a judgment acquitting the defendant. The cause was quasi criminal and it was proper for the city to file its declaration. — Allbright v. City of Cullman, 30 South. 415. The complaint followed the ordinance, and the court erred in sustaining demurrers thereto.
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Appeal from Jefferson Criminal Court. Heard, before Hon. A. O. Lane. J. T. Ridgeway was prosecuted for violating an ordinance of the city of Birmingham, and the city takes this appeal, from a judgment acquitting the defendant. The cause was quasi criminal and it was proper for the city to file its declaration. — Allbright v. City of Cullman, 30 South. 415. The complaint followed the ordinance, and the court erred in sustaining demurrers thereto. Counsel insist that the appeal should be dismissed because the record nowhere shows that the appeal involves the validity of an ordinance of the…
1Opinion of the CourtAnderson, J.
While section 1220 of the Code of 1907 gives the defendant the right of appeal in any case, the city is given the right of appeal only in cases where the validity of the ordinance is involved. There is nothing in the record that would indicate that the ordinance *599in question was held invalid by the trial court, and the appellee’s motion to dismiss this appeal must be sustained. — Town of Brighton v. Miles. 158 Ala. 673, 45 South. 160.
Appeal dismissed.
Simpson, McClellan, and Mayfield, JJ., concur.
2Cases cited1 opinion
- Town of Brighton v. MilesSupreme Court of Alabama · 1907
3Cited by3 opinions
- City of Gadsden v. HaynieAlabama Court of Appeals · 1947
- Alabama City v. AllenAlabama Court of Appeals · 1926
- City of Florence v. EnglandAlabama Court of Appeals · 1947