Legal Opinion

Doyle v. City of Mobile

Alabama Court of Appeals

Decided April 6, 1915PublishedCited by 6 opinions

Violating Municipal Ordinance. Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. W. M. Dole was convicted for violating an ordinance of the city of Mobile, and he appeals. Counsel discusses the errors assigned, with citation of authority, but in view of the opinion it is not deemed necessary to here set it out.

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Violating Municipal Ordinance. Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. W. M. Dole was convicted for violating an ordinance of the city of Mobile, and he appeals. Counsel discusses the errors assigned, with citation of authority, but in view of the opinion it is not deemed necessary to here set it out. The transcript does not show that the city court was exercising appellate jurisdiction, and as the prosecution was for violation of a city ordinance, the court was without jurisdiction and the judgment a nullity. The appeal should be dismissed.

1Opinion of the CourtPelham, P. J.

The errors complained of in the assignment of errors, upon an examination of the entire *623cause, do not appear to us to require a reversal, as they do not present any erroneous ruling of the trial court that has probably injuriously affected the substantial rights of the appellant. The record before us, however, does not authorize a discussion of the points undertaken to be presented.

The transcript shows, an affidavit made before the acting recorder of the city of Mobile, charging one W. M. Doyle with having violated a municipal ordinance of the city of Mobile, and a warrant issued by said…

2Cases cited3 opinions

  1. Gunter v. MasonSupreme Court of Alabama · 1899
  2. Central of Georgia Ry. Co. v. CoursenAlabama Court of Appeals · 1913
  3. Illinois Central R. R. v. BurlesonAlabama Court of Appeals · 1912

3Cited by6 opinions

  1. Lehr v. StateCourt of Criminal Appeals of Alabama · 1981
  2. Hall v. StateCourt of Criminal Appeals of Alabama · 1979
  3. Reeves v. StateCourt of Criminal Appeals of Alabama · 1987
  4. Few v. StateCourt of Criminal Appeals of Alabama · 1987
  5. Milazzo v. Commercial Finance Co.Supreme Court of Alabama · 1918

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