Furhman v. Mayor of Huntsville
Supreme Court of Alabama
. Appeal from Circuit Court of Madison. Tried before Hon. Louis Wieth.. Appellant Eurhman, for violating,an ordinance of the city of Huntsville by committing an assault and battery, November 4th, 1873, was fined twenty-five ^dollars by the mayor. Eurhman then appealed to the circuit court.
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. Appeal from Circuit Court of Madison. Tried before Hon. Louis Wieth.. Appellant Eurhman, for violating,an ordinance of the city of Huntsville by committing an assault and battery, November 4th, 1873, was fined twenty-five ^dollars by the mayor. Eurhman then appealed to the circuit court. During the progress of the trial, defendant’s counsel, in his address to the jury, had argued that the action was “ at least quasi criminal, and that therefore the proof should sustain the allegations of the complaint more strictly than in ordinary cases; whereupon, the judge interrupted counsel, stating…
1Opinion of the CourtManning, J.
The municipal authorities of Huntsville compose a government, local and subordinate it is true, but yet having authority to enact laws to prevent crimes and breaches of the peace within the limits of its jurisdiction, and the power to inquire into alleged violations of such laws, and inflict punishment therefor. Whenever such judicial “ proceedings are instituted, they imply the commission of a crime, and their end is the punishment of that crime.”—Brown v. Mayor, &c. of Mobile, 23 Ala. 724.
The same in effect is declared in Withers v. The State, ex rel. Posey, 36 Ala. 262. And in it the court…
2Cases cited2 opinions
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- Hair v. LittleSupreme Court of Alabama · 1856
3Cited by21 opinions
- Bray v. StateSupreme Court of Alabama · 1903
- McIntosh v. StateSupreme Court of Alabama · 1903
- Barron v. City of AnnistonSupreme Court of Alabama · 1908
- Owens v. StateAlabama Court of Appeals · 1924
- Excelsior Steam Laundry Co. v. LomaxSupreme Court of Alabama · 1910
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