Clark v. City of Uniontown
Alabama Court of Appeals
Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Charley Clark was convicted of violating an ordinance of tbe town of Uniontown, and appeals.
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Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Charley Clark was convicted of violating an ordinance of tbe town of Uniontown, and appeals. Tbe ordinance was invalid because not recorded and certified to by tbe clerk and because tbe mayor was present and did not vote. — Section 1252, Code 1907; 4 Cyc. 1075; Section 1258, Code 1907. Tbe court should have quashed tbe affidavit. — Sections 1222 and 1228, Code 1907; 17 A. & E. Enc. of Law, 248. Tbe court erred in tbe judgment rendered. — Sections 1217, 7623 and 7627, Code 1907. Tbe ordinance should have been introduced. —City of…
1Opinion of the CourtWalker, P. J.
The objections suggested by the appellant (defendant below) in the circuit court to the sufficiency of the affidavit by which the prosecution was inaugurated were not available to him in that court, as he had proceeded to trial before the mayor without raising any question as to the sufficiency of the charge made against him.—Turner v. Town of Lineville, 2 Ala. App. 454, 56 South. 603; Code, §§ 1451, 6723. It was permissible to file a proper complaint in the circuit court on appeal.
The statutory provisions. (Code, 1258) for the recording of an ordinance and in reference to the clerk making a…
2Cases cited3 opinions
- Turner v. Town of LinevilleAlabama Court of Appeals · 1911
- Michael v. State ex rel. WelchSupreme Court of Alabama · 1909
- Bell v. Town of JonesboroAlabama Court of Appeals · 1911
3Cited by25 opinions
- Cooper v. Town of Valley HeadSupreme Court of Alabama · 1924
- Brooks v. City of BirminghamAlabama Court of Appeals · 1944
- Chaney v. City of BirminghamSupreme Court of Alabama · 1944
- Howard v. City of BessemerAlabama Court of Appeals · 1959
- Chadwick v. Town of HammondvilleSupreme Court of Alabama · 1960
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