# Mayor of Mobile v. Jones

> Supreme Court of Alabama · June 15, 1868 · 42 Ala. 630

URL: https://www.frixlaw.com/law-library/cases/6507600

## Case

- **Full name:** MAYOR, &c., OF CITY OF MOBILE v. JONES
- **Court:** Supreme Court of Alabama
- **Decided:** June 15, 1868
- **Citations:** 42 Ala. 630
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Byrd
- **Judges:** Byrd
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6507600

## Opinion text

BYRD, J.
1. In the case of Brown v. Mayor, &c., of Mobile, 23 Ala. 722 , this court held that the proceedings for the recovery of fines or penalties for the violation of city ordinances, are quasi criminal in their character. And § 2704 of the Code being in derogation of the common law, must be strictly construed, (Sedgw. on St. & Con. Law, 314, and 315 ;) and although the proceeding in this case is quasi criminal, we have come to the conclusion that the appellee was not a competent witness for himself. The court therefore erred in permitting him to testify against the objection of the appellant, and the judgment must be reversed and the cause remanded.
Reversed and remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6507600. Public record. Not legal advice.