Allman v. City of Mobile
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Eliza J. Allman was convicted for a violation of ordinance 830, of the city of Mobile, and appeals from the judgment. Ordinance 830 was void in that another ordinance' was in force which expressly forbid under penalty that which defendant is hetre prosecuted ifor not doing. — Ordinance No. 829.; Philo, v. Prov.
Read the full summary
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Eliza J. Allman was convicted for a violation of ordinance 830, of the city of Mobile, and appeals from the judgment. Ordinance 830 was void in that another ordinance' was in force which expressly forbid under penalty that which defendant is hetre prosecuted ifor not doing. — Ordinance No. 829.; Philo, v. Prov. T. Co., 132 Pa.' St. 224. The city may look to results obtained hut may not impose restrictions on the manner of the work or the personnel of the workmen so as to increase the cost. — rlnge n. Bel. of Pub. Whs., 135 Ala.…
1Opinion of the CourtDenson, J.
This appeal is from a final judgment, rendered by the city court of Mobile against the appellant, Mrs. Allman, for the violation of an ordinance of the city of Mobile, in that she failed to connect her property with the sanitary sewers of that city after notice so to do. The case was tried in the city court on an agreed statement of facts, and it is not contended that appellant was wrongfully convicted if the ordinance under which she was tried is a valid one.
The ordinance involved is No. 830 as amended, and is in this language: “It shall be the duty of the plumbing inspector, or of an…
2Cases cited13 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Ex parte PollardSupreme Court of Alabama · 1866
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- State v. RogersSupreme Court of Alabama · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Yeilding v. State Ex Rel. WilkinsonSupreme Court of Alabama · 1936
- Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
- State Ex Rel. Ward v. HenrySupreme Court of Alabama · 1931
- Norton v. LuskSupreme Court of Alabama · 1946
- Dearborn v. JohnsonSupreme Court of Alabama · 1937
9 more not listed; retrieve them via the Exa API.