Case v. Mayor of Mobile, 30 Ala. 538 (Ala. 1857). · Go Syfert
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Case v. Mayor of Mobile, 30 Ala. 538 (Ala. 1857). Cases Citing This Book View Copy Cite
38 citation events across 6 distinct courts.
Treatment trajectory · 1906 → 2026 · click a year to view as-of
1906 1966 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Staehly v. City of Cedar Bluff
Ala. Crim. App. · 1993 · confidence medium
State v. Friedkin, 244 Ala. 494, 497 , 14 So.2d 363 (1943); Case v. Mayor of Mobile, 30 Ala. 538, 539 (1857).
cited Cited "see, e.g." Mayor of Birmingham v. O'Hearn
Ala. · 1906 · signal: see also · confidence low
See, also, Case v. Mayor of Mobile, 30 Ala. 538 ; Town of Camden v. Bloch, 65 Ala. 236 .
Retrieving the full opinion text from the archive…
CASE
v.
MAYOR OF MOBILE
Supreme Court of Alabama.
Jan 15, 1857.
30 Ala. 538
ChambbrlaiN & Robinson, for appellant., Daniel Chandler, contra.
Rice.
an dr</p> <p>Common Council of Mobile/ Plaintiff claims of defend-ys. ( ant $50
RICE, C. J.

In declaring on a by-law, the liability of the defendant must distinctly appear. As the appellee in the present case is a municipal, or public corporation, the courts of this State will take judicial notice of its charter, and of its power to make by-laws; but not of the by-laws made by it. In a complaint for a penalty under. one of its by-laws, the by-law must be set forth, and the-breaeh of it, and the right of the plaintiff to' sue for the • penalty. — Company of Feltmakers v. Davis, 1 Bos. & Pul. 98; 1 Saund. Pl. & Ev. 324; Comyn’s Dig., title, Pleader, (2 W, 11.)

Tested by the principies above stated, the complaint in, this case is not sufficient; and the court below erred in overruling the demurrer to it. For that error, the judgment is reversed, and the cause remanded.