Alabama Court of Appeals, 1919

West v. City of Montgomery

West v. City of Montgomery
Alabama Court of Appeals · Decided February 4, 1919 · Samford
81 So. 182; 17 Ala. App. 6; 1919 Ala. App. LEXIS 38 (Southern Reporter)

West v. City of Montgomery

Opinion of the Court

SAMFORD,, J.

In the absence of a statute requiring courts to take cognizance of municipal ordinances, such ordinances to be available must be specially pleaded. In this case it was not done. The defect was raised by demurrer. The demurrer should have been sustained. Benjamin v. City of Montgomery, 16 Ala. App. 3S9, 78 South. 167.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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