Legal Opinion

City Council of Montgomery v. Belser

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 6 opinions

Appeal from Montgomery Circuit Court. Tried before Hon. John A. Minnis; The appellee, Belser, was convicted in the mayor’s court for an assault and battery, and for disorderly conduct, and fined for each offence. In the city court, to which he appealed, this appellant moved to dismiss the appeal, on the ground that the city court had no jurisdiction to hear or determine appeals from the judgment of the mayor of the city of Montgomery.

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Appeal from Montgomery Circuit Court. Tried before Hon. John A. Minnis; The appellee, Belser, was convicted in the mayor’s court for an assault and battery, and for disorderly conduct, and fined for each offence. In the city court, to which he appealed, this appellant moved to dismiss the appeal, on the ground that the city court had no jurisdiction to hear or determine appeals from the judgment of the mayor of the city of Montgomery. The court overruled this motion and this ruling is assigned as error.

1Opinion of the CourtBrickell, C. J.

The charter of a municipal corporation, not providing a remedy by which the judgment of its officers against those charged with a violation of its ordinances or by-laws,can be reviewed, a certiorari from the circuit court is the only proper remedy for their revision. Intendant, &c. v. Chandler, 6 Ala. 297. If however the statute creating it provided an appeal, or other special remedy for the revision of such judgments, that remedy is exclusive and must be pursued. Dillon Juris. Cor. §§ 368, 476, and notes.

The 26th section oí the charter of the city of Montgomery explicitly provided an appeal…

2Cited by6 opinions

  1. Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
  2. Byars v. Town of BoazSupreme Court of Alabama · 1934
  3. Crowder v. Fletcher & Co.Supreme Court of Alabama · 1885
  4. Wright v. Court Co. Com.Supreme Court of Alabama · 1913
  5. Faust v. Mayor of HuntsvilleSupreme Court of Alabama · 1887

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