Howard v. City of Bessemer, 6 Div. 453

Decision Date13 August 1959
Docket Number6 Div. 453
CourtAlabama Supreme Court
PartiesAsbury HOWARD, Sr. v. CITY OF BESSEMER.

David H. Hood, Jr., Bessemer, and Arthur D. Shores, Birmingham, for petitioner.

J. Howard McEniry, Jr., Bessemer, opposed.

STAKELY, Justice.

The appellee, the City of Bessemer, has made a motion here, which is sworn to, showing that the sentence of the petitioner as imposed by the Recorder of the City of Bessemer has been served and the petitioner has been released from and is no longer in custody of the City of Bessemer and that the petition presents a question which is moot. Accordingly the City of Bessemer moves to dismiss the petition for writ of certiorari in this cause. Under the circumstances the petition for certiorari is hereby dismissed.

Petition dismissed.

LIVINGSTON, C. J., and LAWSON and MERRILL, JJ., concur.

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8 cases
  • Young v. City of Hokes Bluff
    • United States
    • Alabama Court of Criminal Appeals
    • 27 Marzo 1992
    ... ... State, 19 Ala.App. 516, 516-17, 98 So. 488 (1923); Howard" v. State, 17 Ala.App. 9, 81 So. 345, 346 (1919) ...   \xC2" ... the answer to that question is found in Article I, § 6, of the Alabama Constitution, which provides, in pertinent ... State, 42 Ala. at 547; Howard v. City of Bessemer, 40 Ala.App. 317, 320, 114 So.2d 158, 161, cert. dismissed, ... ...
  • Vizzina v. City of Birmingham
    • United States
    • Alabama Court of Criminal Appeals
    • 24 Noviembre 1987
    ... ... Steven Michael VIZZINA ... CITY OF BIRMINGHAM ... 6 Div. 312 ... Court of Criminal Appeals of Alabama ... 501, 21 So.2d 273 (1945); Howard v. City of Bessemer, 40 Ala.App. 317, 320, 114 So.2d 158, ... ...
  • Shuttlesworth v. State, 6 Div. 901
    • United States
    • Alabama Court of Appeals
    • 11 Diciembre 1962
    ...supra, and authorities therein. This being so, the proceeding has become moot and is due to be dismissed under Howard v. City of Bessemer, 269 Ala. 474, 114 So.2d 164. Dismissed. On Rehearing Both parties have moved for rehearing. The City's motion for rehearing was filed one day late and c......
  • Mason v. City of Vestavia Hills
    • United States
    • Alabama Court of Criminal Appeals
    • 8 Septiembre 1987
    ... ... James Ira MASON ... CITY OF VESTAVIA HILLS ... 6 Div. 230 ... Court of Criminal Appeals of Alabama ... 344, 54 So. 629 (1910), Howard v. City of Bessemer, 40 Ala.App. 317, 320, 114 So.2d 158, ... ...
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