Hall v. Phenix City

Alabama Court of Appeals

Hall v. Phenix City

107 So. 221, 21 Ala. App. 247, 1926 Ala. App. LEXIS 43

CourtAlabama Court of Appeals

DecidedFebruary 2, 1926

Docket4 Div. 153.

StatusPublished

Cited by1 cases

This text of 107 So. 221 (Hall v. Phenix City) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hall v. Phenix City, 107 So. 221, 21 Ala. App. 247, 1926 Ala. App. LEXIS 43 (Ala. Ct. App. 1926).

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Opinion

SAMFORD, J.

For the purposes of -a determination of this appeal it appears, from the record, that the city of Phenix City had at the time of the adoption of the ordinance here in question a population of more than 3,000, and at that time there was published a newspaper of general circulation in Phenix City, and it further affirmatively appears that the ordinance, the basis of this prosecution, was not published as required by section 1999 of the Code of 1923, nor was it so published before the beginning of the prosecution in this case. It follows that the judgment of the circuit court convicting defendant of a violation of said ordinance was error.

Other questions presented are not neeeásary to a decision; but, for the error pointed out, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

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SAMFORD, J.

For the purposes of -a determination of this appeal it appears, from the record, that the city of Phenix City had at the time of the adoption of the ordinance here in question a population of more than 3,000, and at that time there was published a newspaper of general circulation in Phenix City, and it further affirmatively appears that the ordinance, the basis of this prosecution, was not published as required by section 1999 of the Code of 1923, nor was it so published before the beginning of the prosecution in this case. It follows that the judgment of the circuit court convicting defendant of a violation of said ordinance was error.

Other questions presented are not neeeásary to a decision; but, for the error pointed out, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

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Bluebook (online)

107 So. 221, 21 Ala. App. 247, 1926 Ala. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-phenix-city-alactapp-1926.

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