69 So. 224 | Ala. Ct. App. | 1915
The lower court erred, therefore, in giving the affirmative charge for the city and in refusing it to- the defendant.
Any expression of opinion on the other questions urged — that is, as to the validity or invalidity of the mentioned ordinance that was introduced by the city • — would be dictum; for, even assuming its validity, the defendant, though he might be sued for the amount of the license tax required by the ordinance, could not
Whether there is or is not in existence such an ordinance as the latter does not, as said, appear, and we must, until the contrary is shown, presume that there is not. So presuming, the validity of the ordinance here in question is not therefore raised in this case, which is reversed and remanded for reasons béfore stated.
Reversed and remanded.