Hamilton v. City of Birmingham

RICE, Judge.

There was in forcé in the City of Birmingham an ordinance, prohibiting “the keeping, storing, use, manufacturing, sale or handling, of fire works within the three mile limit constituting the extended (Code 1923, § 1954) police jurisdiction of the City.”

Appellant, being engaged in the “retail sale of pyrotechnics or fireworks” in said district, and conceiving the said ordinance to be invalid, filed, with others, a suit on the equity side of the Circuit Court of Jefferson County naming “The City of Birmingham, a municipal corporation, and J. M. Jones, Jr., James W. Morgan, (and)…