Legal Opinion

Trimble v. Town of Haleyville

Alabama Court of Appeals

Decided April 8, 1924No. 6 Div. 385PublishedCited by 2 opinions

1Opinion of the CourtSamford, J.

A person charged with the violation of a municipal ordinance is entitled, in the municipal or mayor’s court, “to be apprised of the nature and character of the proceeding instituted against him by a written complaint.” But if, being so accused, a defendant proceeds to trial without demanding, in the municipal court, a written complaint, setting forth the accusation against him, he must be held to have waived the right, and cannot for the first time take advantage of such omission on appeal. MeKinstry v. City of Tuscaloosa, 172 Ala. 344, 54 So. 629. The statement of the attorney for the city,…

2Cases cited8 opinions

  1. McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
  2. Fealy v. City of BirminghamAlabama Court of Appeals · 1916
  3. Kreulhaus v. City of BirminghamSupreme Court of Alabama · 1909
  4. Dowling v. City of TroyAlabama Court of Appeals · 1911
  5. Miles v. City of MontgomeryAlabama Court of Appeals · 1919

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3Cited by2 opinions

  1. Brooks v. City of BirminghamAlabama Court of Appeals · 1944
  2. Nelson v. City of RoanokeAlabama Court of Appeals · 1931

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