Legal Opinion

Town of Brighton v. Miles

Supreme Court of Alabama

Decided December 19, 1907PublishedCited by 9 opinions

Appeal from Bessemer City Court. Heard before Hon. William Jackson. Cicero Miles was prosecuted for a violation of the ordinance of the town of Brighton. From an order of discharge, the town appeals. Counsel discusses assignments of error and cites authorities in support thereof but does not discuss the matters touched upon in the opinion of the court. Counsel discuss errors insisted on but does not discuss the matters touched upon in the opinion.

1Opinion of the CourtAnderson, J.

— This is an appeal by the town of Brighton from a judgment of the city court discharging the appellee, who was prosecuted for the violation of a town ordinance. The appellant is an incorporated towii under the general law (chapter 79 of the Code of 1896), and the only provision in reference to the right of appeal from judgments upon prosecutions for violating ordinances applies to the defendant alone, and not the municipality (section 2969 of the Code of 1896)..

The court has heretofore considered appeals by municipalities from judgments discharging defendants charged with violating…

2Cases cited3 opinions

  1. Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
  2. City Council v. FosterSupreme Court of Alabama · 1875
  3. City Council of Montgomery v. BelserSupreme Court of Alabama · 1875

3Cited by9 opinions

  1. City of Gadsden v. HaynieAlabama Court of Appeals · 1947
  2. Castle Dale City v. WoolleyUtah Supreme Court · 1923
  3. State ex rel. City of Birmingham v. FortAlabama Court of Appeals · 1915
  4. City of Birmingham v. RidgewaySupreme Court of Alabama · 1909
  5. Alabama City v. AllenAlabama Court of Appeals · 1926

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