106 So. 896 | Ala. Ct. App. | 1925
Lead Opinion
This is an appeal by C. E. Palkner from a judgment rendered against him and in favor of the city of Bessemer, in the Bessemer division of the circuit court of Jefferson county; the said C. E. Palkner having appealed the case in which the said judgment was rendered to said circuit court from an assessment made final against certain property belonging to him for street and sidewalk improvement, by the city council of the city of Bessemer.
Counsel for appellant have made 39 assignments of error, and have filed an extraordinarily voluminous brief on this appeal in which 21 long, closely typewritten pages are used for a “statement of the case,” in which are set out 27 “propositions,” based, for the most part, on different sections of the Code of 1907, and which said propositions cover almost 10 pages of said brief. It would add nothing but volume to the body of our law for us to undertake a seriatim treatment of all those assignments of error, argued and insisted upon by appellant, in so far as we might be able to identify them in the winding maze of appellant’s exceedingly long discussion.
We will content ourselves by stating that the case at bar, stripped of all unnecessary verbiage, presents nothing new for decision. The statute authorizing improvements of the character here involved — found, complete, in the Code of 1907, §§ 1359-1420 — has already been fully construed by our Supreme Court. In the case of City of Birmingham v. Wills, 178 Ala. 198, 59 So. 173, Ann. Cas. 1915B, 746, it is demonstrated that appellant, as here, is estopped from raising any other - objections, either in the circuit court, or on appeal to this court, than those assigned and filed by him at the hearing before the city council. This holding alone serves to strip this case of an unusually large number of the assignments of error made on this appeal. Then by reference to and an examination of the sections of the Code of 1907, above mentioned, and the case of City of Birmingham v. Wills, supra, and considering same along with, and in the light of, the very good discussion contained in the opinion by Walker, J., in Garner
Accordingly, let the said judgment be affirmed.
Affirmed.
Lead Opinion
This is an appeal by C. E. Falkner from a judgment rendered against him and in favor of the city of Bessemer, in the Bessemer division of the circuit court of Jefferson county; the said C. E. Falkner having appealed the case in which the said judgment was rendered to said circuit court from an assessment made final against certain property belonging to him for street and sidewalk improvement, by the city council of the city of Bessemer.
Counsel for appellant have made 39 assignments of error, and have filed an extraordinarily voluminous brief on this appeal in which 21 long, closely typewritten pages are used for a "statement of the case," in which are set out 27 "propositions," based, for the most part, on different sections of the Code of 1907, and which said propositions cover almost 10 pages of said brief. It would add nothing but volume to the body of our law for us to undertake a seriatim treatment of all those assignments of error, argued and insisted upon by appellant, in so far as we might be able to identify them in the winding maze of appellant's exceedingly long discussion.
We will content ourselves by stating that the case at bar, stripped of all unnecessary verbiage, presents nothing new for decision. The statute authorizing improvements of the character here involved — found, complete, in the Code of 1907, §§ 1359-1420 — has already been fully construed by our Supreme Court. In the case of City of Birmingham v. Wills,
Accordingly, let the said judgment be affirmed.
Affirmed.
As pointed out in the opinion in the said case of Robert Hood v. City of Bessemer,
Overruled.
Rehearing
On Rehearing.
All the points involved in this case, and urged for a reversal of the judgment, both on the original submission and on this application for rehearing, seem to have been recently considered by our Supreme Court in the case of Robert Hood v. City of Bessemer, 104 So. 325,
As pointed out in the opinion in the said case of Robert Hood v. City of Bessemer, 104 So. 325,
Overruled.
213 Ala. 225.