West v. City of Montgomery

Alabama Court of Appeals

West v. City of Montgomery

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

CourtAlabama Court of Appeals

DecidedFebruary 4, 1919

Docket3 Div. 343.

StatusPublished

This text of 81 So. 182 (West v. City of Montgomery) 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

West v. City of Montgomery, 81 So. 182, 17 Ala. App. 6, 1919 Ala. App. LEXIS 38 (Ala. Ct. App. 1919).

Pincite

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.

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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.

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Bluebook (online)

81 So. 182, 17 Ala. App. 6, 1919 Ala. App. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-city-of-montgomery-alactapp-1919.

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