Ex Parte Finley

If, as alleged in the bill, the City of Tarrant City acting through its city clerk through fraud, accident or mistake, without fault of the property-owner, failed to send up the appeals to the circuit court in 1930, when they were filed, the adverse party appealing in that case was denied due process of law, and the city should be enjoined from enforcing said ordinances from which the appeal is taken. This was the effect of the holding in Jasper Land Co. v. City of Jasper, 220 Ala. 639, 127 So. 210; City of Bessemer v. Ratliff, 240 Ala. 406, 199 So. 838; Rudulph v. City of Homewood et al.,…