Berland v. City of Birmingham, 6 Div. 454

Decision Date27 August 1952
Docket Number6 Div. 454
Citation257 Ala. 571,60 So.2d 378
PartiesOscar BERLAND v. CITY OF BIRMINGHAM.
CourtAlabama Supreme Court

Certiorari to Court of Appeals.

J. Reese Johnston, Jr., Birmingham, for petitioner.

Morel Montgomery, Birming ham, opposed.

FOSTER, Justice.

Petition of the City of Birmingham for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case of Berland v. City of Birmingham, Ala.App., 60 So.2d 377.

Writ denied.

LAWSON, SIMPSON and STAKELY, JJ., concur.

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4 cases
  • Story v. State, 5 Div. 659
    • United States
    • Alabama Court of Criminal Appeals
    • November 23, 1982
    ...opportunity to submit supporting evidence. Berland v. City of Birmingham, 36 Ala.App. 488, 60 So.2d 377 (1952), cert. denied, 257 Ala. 571, 60 So.2d 378 (1952). An accused is entitled to a jury trial on the issues of fact raised by the plea and the issue of former jeopardy should be submitt......
  • Billups v. City of Birmingham
    • United States
    • Alabama Court of Criminal Appeals
    • October 3, 1978
    ...to submit his evidence in support thereof. Berland v. City of Birmingham, 36 Ala.App. 488, 60 So.2d 377, cert. denied, 257 Ala. 571, 60 So.2d 378 (1952); Jackson v. State, 340 So.2d 1141 (Ala.Cr.App.), cert. denied, 340 So.2d 1142 "When a plea is regularly interposed it is subject to either......
  • Ex parte Adams
    • United States
    • Alabama Supreme Court
    • September 22, 1995
    ...opportunity to submit supporting evidence. Berland v. City of Birmingham, 36 Ala.App. 488, 60 So.2d 377 (1952), cert. denied, 257 Ala. 571, 60 So.2d 378 (1952). An accused is entitled to a jury trial on the issues of fact raised by the plea and the issue of former jeopardy should be submitt......
  • Staley v. Woodruff, 8 Div. 619
    • United States
    • Alabama Supreme Court
    • August 27, 1952
    ... ... of mechanics and materialmen upon a house and the city lot upon which it is situated and ordering a sale of the ...         Under date of August 6, 1948, Staley and Cox executed what is denominated a ... ...

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