Jackson v. City of Demopolis

• Decision Date: 29 October 1929
• Docket Number: 2 Div. 422.
• Citation: 23 Ala.App. 288,124 So. 401
• Parties: JACKSON v. CITY OF DEMOPOLIS.
• Court: Alabama Court of Appeals

124 So. 401

23 Ala.App. 288

JACKSON v. CITY OF DEMOPOLIS.

2 Div. 422.

Court of Appeals of Alabama

October 29, 1929

Appeal from Circuit Court, Marengo County; Benj. F. Elmore, Judge.

Wash Jackson was convicted of violating an ordinance of the City of Demopolis, and he appeals. Affirmed.

B. G Wilson, of Demopolis, for appellant.

W. F. Herbert, of Demopolis, for appellee.

RICE J.

Appellant was convicted in the recorder's court of Demopolis of a violation of the prohibition ordinance of that municipality and appealed to the circuit court. From a conviction there after trial by jury, he appeals to this court.

The first assignment of error relates to the ruling on demurrer to the original affidavit under which defendant was prosecuted in the recorder's court. The record sets forth this original affidavit, the demurrers thereto, and an indorsement "overruled," dated and signed by the mayor. However, it nowhere appears that the circuit court was invoked to rule on the sufficiency of the original affidavit, and hence nothing as to this is presented here for review. On appeal from convictions in the recorder's court to the circuit court, the cause is tried de novo. Code 1923, § 1937. Irregularities in the proceedings before the recorder and in the manner of taking the appeal may be waived by the parties. Casteel v. City of Decatur, 215 Ala. 4, 109 So. 571.

Some argument is made in brief that, since the appellee did not introduce in evidence certificate of judgment, appeal bond, etc., from the recorder's court, notwithstanding they appear in the record proper, the circuit court acquired no jurisdiction of the cause. If defendant in any manner questioned the jurisdiction of the circuit court on appeal, we fail to find it. Under the authority last cited, this omission to object amounted to a waiver. Furthermore, it is not required that these jurisdictional matters be "introduced in evidence." It is only required that they appear in the record; and the record in this case contains every essential matter to confer jurisdiction on the circuit court.

It is next insisted that the circuit court erred in overruling demurrer to the complaint filed in the circuit court. The record contains the complaint and demurrer, but the judgment entry recites no ruling thereon. There is nothing presented for review.

Appellee introduced in evidence the general prohibition ordinance of the city of Demopolis adopted in 1910, and an ordinance declaring any person committing an offense in the city of Demopolis or within the police jurisdiction thereof which is declared to be a misdemeanor by any prohibition law or laws of the state of Alabama shall be upon conviction fined, etc. Objection to the introduction of these ordinances was overruled.

The only ground of objection actually assigned in the trial court and seriously argued is that the second or reference ordinance, "making one committing offense against the state law guilty of a misdemeanor," does not include possessing spirituous, vinous, or malt liquors. To this proposition counsel cites our case of Casteel v. City of...