City of Birmingham v. Anglin
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. T. L. Anglin was prosecuted by the City of Birmingham for violation of its building ordinance. Demurrer to . the complaint was sustained, and the'City-appeals. Prosecution by the city of Birmingham against defendant for a violation of a city ordinance. From a judgment for defendant, plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. T. L. Anglin was prosecuted by the City of Birmingham for violation of its building ordinance. Demurrer to . the complaint was sustained, and the'City-appeals. Prosecution by the city of Birmingham against defendant for a violation of a city ordinance. From a judgment for defendant, plaintiff appeals. The complaint was as follows: “The city of Birmingham,,, a municipal corporation, complains of the defendant that he, within 60 days before the arrest in this case, before the commencement of’ this prosecution, and within the…
1Opinion of the CourtSameord, J.
According to the contention of appellant’s counsel, the prosecution is under section 451 of the Building Code of Birmingham, which reads as follows:
“Sec. 451. Any chimney or flue not forming part of an incombustible wall shall rest upon the ground with proper foundation, except single flues may be hung on two By eight inch joist with iron stirrups of new iron of not less than three-eighths of an inch by two inches bent to come flush with the bottom of ceiling with' six crossbars three-eighths by two inches, seventeen inches long and with seventeen by seventeen inch galvanized iron plate No.…
2Cases cited1 opinion
- Tarrance v. ChapmanSupreme Court of Alabama · 1916