Arnold v. City of Mobile

Decision Date15 April 1947
Docket Number1 Div. 537.
Citation30 So.2d 40,33 Ala.App. 94
PartiesARNOLD v. CITY OF MOBILE.
CourtAlabama Court of Appeals

M. F. Dozier, of Mobile, for appellant.

Harry Seale, of Mobile, for appellee.

CARR, Judge.

This cause originated in the Recorder's Court, where appellant was charged with the violation of a city ordinance. Upon conviction there he took an appeal to the circuit court. The instant appeal follows a judgment of conviction in the latter jurisdiction.

Appellant's counsel has not filed a brief in this court; neither do we find any errors duly assigned.

Prosecutions for the violations of municipal ordinances are in their nature quasi criminal, and on appeal the appellate courts are controlled by the rules pertaining to civil cases insofar as assignments of error are concerned. Title 15, Sec. 389, Code 1940, has no application. Casteel v. City of Decatur, 215 Ala. 4, 109 So. 571; Peever v. City Com'rs of Florence, 26 Ala.App. 213, 157 So. 79; Gentle v. City of Huntsville, 26 Ala.App. 374, 160 So. 273.

It follows, therefore, that the judgment of conviction below must be and is ordered affirmed.

Affirmed.

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5 cases
  • Parks v. City of Montgomery
    • United States
    • Alabama Court of Appeals
    • 12 Febrero 1957
    ...v. City of Huntsville, 26 Ala.App. 374, 160 So. 273; Davis v. City of Guntersville, 27 Ala.App. 208, 169 So. 222; Arnold v. City of Mobile, 33 Ala.App. 94, 30 So.2d 40; Jackson v. City of Mobile, 33 Ala.App. 95, 30 So.2d 40; Ekornes v. City of Mobile, 34 Ala.App. 159, 37 So.2d 433; Griffith......
  • Phelps v. State
    • United States
    • Alabama Court of Appeals
    • 15 Abril 1947
  • Ellis v. City of Sylacauga, 7 Div. 228
    • United States
    • Alabama Court of Appeals
    • 27 Enero 1953
    ...civil appeals. In such cases, on appeal, in the absence of assignments of error, no question is presented for review. Arnold v. City of Mobile, 33 Ala.App. 94, 30 So.2d 40; Jackson v. City of Mobile, 33 Ala.App. 95, 30 So.2d 40; see further 15 Ala.Dig., Municipal Corporations, k642(1) for i......
  • Freeman v. City of Montgomery, 3 Div. 948
    • United States
    • Alabama Court of Appeals
    • 27 Mayo 1952
    ...on appeal to the appellate court errors must be duly assigned. Casteel v. City of Decatur, 215 Ala. 4, 109 So. 571; Arnold v. City of Mobile, 33 Ala.App. 94, 30 So.2d 40. The judgment of conviction in the court below is ordered Affirmed. ...
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