Mayor of Mobile v. Jones
Supreme Court of Alabama
On the 22d May, 1869, Jones, the appellee, was brought before the Mayor of Mobile, and fined $50 for a violation of a city ordinance. The defendant gave bond and appealed to the circuit court, where a trial was had de novo on a complaint filed by tbe Mayor, &c., of Mobile. On the trial in this court the defendant was allowed to testify in his own behalf, against the objection of the plaintff. iThere was a judgment for the defendant, and an appeal by the Mayor, &c.
1Opinion of the CourtByrd, J.
1. In the case of Brown v. Mayor, &c., of Mobile, 23 Ala. 722, this court held that the proceedings for the recovery of fines or penalties for the violation of city ordinances, are quasi criminal in their character. And § 2704 of the Code being in derogation of the common law, must be strictly construed, (Sedgw. on St. & Con. Law, 314, and 315 ;) and although the proceeding in this case is quasi criminal, we have come to the conclusion that the appellee was not a competent witness for himself. The court therefore erred in permitting him to testify against the objection of the appellant, and…
2Cases cited1 opinion
- Brown v. Mayor of MobileSupreme Court of Alabama · 1853
3Cited by3 opinions
- Casteel v. City of DecaturSupreme Court of Alabama · 1926
- Barron v. City of AnnistonSupreme Court of Alabama · 1908
- Perry v. StateAlabama Court of Appeals · 1911