Legal Opinion

Smith v. Town of Eclectic

Alabama Court of Appeals

Decided December 20, 1921No. 5 Div. 367PublishedCited by 12 opinions

Appeal from Circuit Court, Elmore County ; B. K. MeMorris, Judge. Prosecution by tbe Town of Eclectic against Clover Smith for violating a municipal ordinance. Prom a conviction in the circuit court on appeal from the mayor’s court, .defendant appeals. The following is the indorsement on the book of ordinances, referred to in the opinion: On the flyleaf of the book was written in handwriting the words: “Code of Town of Eclectic.

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Appeal from Circuit Court, Elmore County ; B. K. MeMorris, Judge. Prosecution by tbe Town of Eclectic against Clover Smith for violating a municipal ordinance. Prom a conviction in the circuit court on appeal from the mayor’s court, .defendant appeals. The following is the indorsement on the book of ordinances, referred to in the opinion: On the flyleaf of the book was written in handwriting the words: “Code of Town of Eclectic. “By-Laws and Ordinances of the Town of Eclectic, Ala. Adopted by Authority of the City Council of City of Eclectic, Ala., in. Regular Session March 3, 1913. “J. A.…

1Opinion of the CourtBricken, P. J.

This prosecution originated in the recorder’s court of the Town of Eclectic, and was for a violation of an ordinance of that town. From a judgment of conviction in said court the defendant appealed to the circuit court.

Upon the trial of this case in the circuit court, and over the timely objection of the defendant, the court admitted in evidence a book of ordinances purporting to have been adopted by the municipal authorities of the town of Eclectic. The objection to the introduction in evidence of this book of ordinances was predicated upon the grounds that there was nothing to show that the…

2Cases cited6 opinions

  1. Furhman v. Mayor of HuntsvilleSupreme Court of Alabama · 1875
  2. Schott v. PeopleIllinois Supreme Court · 1878
  3. Thomas v. StateAlabama Court of Appeals · 1915
  4. Bell v. Town of JonesboroAlabama Court of Appeals · 1911
  5. Bivins v. City of MontgomeryAlabama Court of Appeals · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Williamson v. City of GreenvilleAlabama Court of Appeals · 1957
  2. Roach v. City of TuscumbiaSupreme Court of Alabama · 1950
  3. Green v. City of DemopolisAlabama Court of Appeals · 1924
  4. City of Albany v. NixAlabama Court of Appeals · 1925
  5. Sconyers v. Town of Coffee SpringsSupreme Court of Alabama · 1935

7 more not listed; retrieve them via the Exa API.

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