City Council v. West
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. John West was prosecuted for violating an ordinance of the city of Montgomery. From an order of the city court sustaining a demurrer to the complaint, the city appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. John West was prosecuted for violating an ordinance of the city of Montgomery. From an order of the city court sustaining a demurrer to the complaint, the city appeals. The ordinance was within the power granted by the city charter. — Secs. 2, 3, 6, 7, 12 and 39, Charter of City of Montgomery. .Things that are not nuisances per se may become so by reason of the manner and character of the use of a place where conducted. — Kinney v. Kooperman, 37 L. R. A., 497; Grossman v. Oity of Oakland, 36 L. R. A. 393 and note. The city had…
1Opinion of the Court
HARALSON, J. —
Section 295, for the alleged violation of which, the defendant was arrested, tried by the recorder of the city, and fined, the validity of which ordinance, on appeal from the city court, we are to consider, reads: “No-person shall set up or operate a steam engine, a plaining, mill or planing machine, foundry, blacksmith shop, cotton gin, bakery, an establishment for boiling soap, or any similar establishment within the city, without first obtaining the consent of the council,” — providing a penalty for any one violating the ordinance.
Defendant assails the validity of the…
2Cases cited8 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- State v. . TenantSupreme Court of North Carolina · 1892
- City of Richmond v. DudleyIndiana Supreme Court · 1891
- City of Newton v. BelgerMassachusetts Supreme Judicial Court · 1887
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3Cited by48 opinions
- Spann v. City of DallasTexas Supreme Court · 1921
- Spann v. City of DallasTexas Supreme Court · 1921
- Cutsinger v. City of AtlantaSupreme Court of Georgia · 1914
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
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