Puryear v. State Ex Rel. Wade
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; Wlm. E. Eort, Judge. Petition by Lovelace Wade on the relation of the state of Alabama for mandamus to require W. C. Puryear as clerk, and J. T. Lowery as Becorder of the city of Birmingham to certify the case of the city of Birmingham v. Wade, to the Criminal Court of Jefferson comity. Erora a decree granting the writ the municipal officers appeal.
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Appeal from Circuit Court, Jefferson County; Wlm. E. Eort, Judge. Petition by Lovelace Wade on the relation of the state of Alabama for mandamus to require W. C. Puryear as clerk, and J. T. Lowery as Becorder of the city of Birmingham to certify the case of the city of Birmingham v. Wade, to the Criminal Court of Jefferson comity. Erora a decree granting the writ the municipal officers appeal. The ease made by the petition is that within five days after his conviction petitioner filed in the recorder’s court in writing his notice of appeal to the criminal court of Jefferson county, which…
1Opinion of the CourtBbown, P. J.
[1] The appellee was convicted in the recorder’s court of the Ensley division, city of Birmingham, for a violation of a municipal ordinance, and demanded that he be granted an appeal without bond. On the refusal of the clerk of the recorder’s court to certify the appeal and proceedings to the criminal court and the refusal of the recorder to so order, he applied to the criminal court for a writ of mandamus to compel the certification of the appeal. On hearing in the criminal court, after overruling a demurrer to the petition interposed by appellants, a peremptory writ was awarded, and from…
2Cases cited5 opinions
- Costello v. FeaginSupreme Court of Alabama · 1909
- Town of Brighton v. MilesSupreme Court of Alabama · 1907
- State ex rel. City of Birmingham v. FortAlabama Court of Appeals · 1915
- State ex rel. City of Birmingham v. FortSupreme Court of Alabama · 1909
- Ex parte ReeseSupreme Court of Alabama · 1895