Keith v. City of Birmingham
Keith v. City of Birmingham
Opinion of the Court
The two propositions reviewed and decided by the Court of Appeals are, first, that § 1329 of the General City Code of Birmingham, under which the prosecution of the case was undertaken, was valid; and, second, that the circuit court of Jefferson County had jurisdiction of the cause.
Review here is limited to these two questions, since matters not considered and treated by the Court of Appeals are not within the purview of review by certiorari. Ex parte Stephenson, 252 Ala. 316, 40 So. 2d 716; Harris v. State, 247 Ala. 194, 23 So.2d 514; Pool v. Hart, 222 Ala. 232, 132 So. 59; Ballard v. State, 219 Ala. 222, 121 So. 502.
The Court of Appeals correctly held that § 1329, banning the parking of vehicles between the hours of seven a. m. and seven p. m. for a continuous period of more than one hour within certain areas of the City of Birmingham, was clearly within the police power of the city. Title 37, § 455; Title 62, § 654; Title 36, § 52, Code 1940.
The Court of Appeals was also correct in the holding that the circuit court
Writ denied.
Reference
- Full Case Name
- Keith v. City of Birmingham.
- Cited By
- 4 cases
- Status
- Published