Edgil v. City of Carbon Hill
Decision Date | 25 March 1926 |
Docket Number | 6 Div. 640 |
Citation | 108 So. 355,214 Ala. 532 |
Parties | EDGIL v. CITY OF CARBON HILL. |
Court | Alabama Supreme Court |
Rehearing Denied May 13, 1926
Appeal from Circuit Court, Walker County; Ernest Lacy, Judge.
W.E Edgil was convicted of violating an ordinance of the city of Carbon Hill, and he appeals. Transferred from the Court of Appeals under Code 1923, § 7326. Affirmed.
J.D Acuff, of Jasper, for appellant.
Curtis Pennington & Pou, of Jasper, for appellee.
It is true that, in the absence of an assignment of error on appeal from judgment of conviction for violation of a municipal ordinance, the appeal will be affirmed. The appeal is in a quasi criminal case. Camden v. Bloch, 65 Ala. 236; Martin v. City of Birmingham, 19 Ala.App. 70, 94 So. 789; Hellner v. City of Montgomery, 16 Ala.App. 366, 77 So. 978; Dreyfus v. City of Montgomery, 4 Ala.App. 270, 58 So. 730; Perry v. State, 1 Ala.App. 253, 55 So. 1035.
The record has the indorsement, after the certificate of appeal by the clerk, that:
"The court erred in finding the appellant guilty and rendering judgment against him in this cause under the law and facts in this case."
This statement of the error assigned in rendition of the judgment is signed by counsel for appellant.
The rule is that, where appellant does not sufficiently insist upon specific error assigned, the same is treated as waived. Georgia Cotton Co. v. Lee, 196 Ala. 599, 72 So. 158; Hamilton v. Cranford Co., 201 Ala. 403, 409, 78 So. 401; W.T. Smith Lbr. Co. v. McLain, 202 Ala. 32, 79 So. 370; Sloss-Sheffield S. & I. Co. v. Jones, 207 Ala. 7, 91 So. 808. And if assignments are subsequent to the submission of the cause, or are only urged in a supplemental brief, they do not operate as a proper assignment and argument thereof. Hamilton v. Cranford Co., supra.; W.T. Smith Lbr. Co. v. McLain, supra; and authorities cited in support of the first headnote.
Treating the assignment of error as sufficient to challenge the rendition of judgment of guilt for violation of the ordinance of the city of Carbon Hill, providing "that every person, firm, corporation or association engaged in any business, vocation, occupation, calling or profession hereinafter enumerated, or who shall exercise any privilege hereinafter described for which a license or privilege tax is required, shall first secure a license and shall pay for same or shall pay for the exercise of such privilege the amount hereinafter provided, to wit," did the evidence warrant the conviction? The evidence showed that:
The license tax paid the city of Jasper was not authority for doing business wholly without its corporate limits. Code 1923, § 2173; Woco Pep Co. v. City of Montgomery...
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Hamm v. Allen
...462 So. 2d 1037 (Ala. Cr. App. 1984). Errors assigned and not argued will be treated as abandoned. See Edgil v. City of Carbon Hill, 214 Ala. 532, 533, 108 So. 355, 356 (1926). Issues listed in brief but not argued will not be reviewed on appeal. Jackson v. State, 265 Ala. 690, 692, 93 So. ......
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...v. State, 462 So.2d 1037 (Ala.Cr.App.1984). Errors assigned and not argued will be treated as abandoned. See Edgil v. City of Carbon Hill, 214 Ala. 532, 533, 108 So. 355, 356 (1926). Issues listed in brief but not argued will not be reviewed on appeal. Jackson v. State, 265 Ala. 690, 692, 9......
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Town of Guntersville v. Wright
...77 So. 383, L. R. A. 1918C, 522, and applied in Ridgeway v. City of Bessemer, 9 Ala. App. 470, 64 So. 189. The case of Edgil v. Carbon Hill, 214 Ala. 532, 108 So. 355, here much in point and to a like result. As having an indirect bearing upon the question may be noted, also, Woco Pep Co. v......
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