City of Hawkinsville v. Clark

Nichols, Chief Justice.

D. T. Clark was tried and convicted in the Recorder’s Court of the City of Hawkinsville for the offense of digging a well within the city limits under an ordinance which prohibits the digging of any wells of any kind whatsoever without the permission of the board of commissioners. On application for certiorari the Superior Court of Pulaski County declared such ordinance unconstitutional and the conviction and fine imposed by the recorder’s court was reversed and set aside. The appeal is from such judgment.

The enumerations of error allege that the court erred in striking…