53 Ala. 379 | Ala. | 1875
The charter of a municipal corporation, not providing a remedy by which the judgment of its officers against those charged with a violation of its ordinances or by-laws,can be reviewed, a certiorari from the circuit court is the only proper remedy for their revision. Intendant, &c. v. Chandler, 6 Ala. 297. If however the statute creating it provided an appeal, or other special remedy for the revision of such judgments, that remedy is exclusive and must be pursued. Dillon Juris. Cor. §§ 368, 476, and notes.
The 26th section oí the charter of the city of Montgomery explicitly provided an appeal to the first term of the circuit court of the county, as the remedy for the revision of the judgments of the mayor or aldermen for violations of the city ordinances or by-laws. Pamph. Acts, 1869-70, p. 373.
The city court had not jurisdiction of the appeal, and it should have been dismissed at the costs of the party introducing it into that court. It is not proper to notice any other question presented by the record.
The judgment is reversed and the cause remanded, that the city court may enter the proper judgment dismissing the appeal.