Mayor of Mobile v. Jones

Supreme Court of Alabama

Mayor of Mobile v. Jones

42 Ala. 630

CourtSupreme Court of Alabama

DecidedJune 15, 1868

StatusPublished

Cited by3 cases

This text of 42 Ala. 630 (Mayor of Mobile v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mayor of Mobile v. Jones, 42 Ala. 630 (Ala. 1868).

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Opinion

BYRD, J.

1. In the case of Brown v. Mayor, &c., of Mobile, 23 Ala. 722, this court held that the proceedings for the recovery of fines or penalties for the violation of city ordinances, are quasi criminal in their character. And § 2704 of the Code being in derogation of the common law, must be strictly construed, (Sedgw. on St. & Con. Law, 314, and 315 ;) and although the proceeding in this case is quasi criminal, we have come to the conclusion that the appellee was not a competent witness for himself. The court therefore erred in permitting him to testify against the objection of the appellant, and the judgment must be reversed and the cause remanded.

Reversed and remanded.

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BYRD, J.

1. In the case of Brown v. Mayor, &c., of Mobile, 23 Ala. 722, this court held that the proceedings for the recovery of fines or penalties for the violation of city ordinances, are quasi criminal in their character. And § 2704 of the Code being in derogation of the common law, must be strictly construed, (Sedgw. on St. & Con. Law, 314, and 315 ;) and although the proceeding in this case is quasi criminal, we have come to the conclusion that the appellee was not a competent witness for himself. The court therefore erred in permitting him to testify against the objection of the appellant, and the judgment must be reversed and the cause remanded.

Reversed and remanded.

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42 Ala. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-mobile-v-jones-ala-1868.

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