West v. City of Montgomery

81 So. 182, 17 Ala. App. 6, 1919 Ala. App. LEXIS 38

Opinion

SAMFORD,, J.

In the absence of a statute requiring courts to take cognizance of municipal ordinances, such ordinances to be available must be specially pleaded. In this case it was not done. The defect was raised by demurrer. The demurrer should have been sustained. Benjamin v. City of Montgomery, 16 Ala. App. 3S9, 78 South. 167.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.