109 Ala. 359 | Ala. | 1895
The plaintiff complained,’in several counts, against the defendant, and the court sustained a demurrer to the complaint for a misjoinder of causes of action. There were several grounds of demurrer assigned, hut we deem it 'necessary to consider only two counts of the complaint, and the ground of demurrer which set up that the complaint contained a count in assumpsit and a count in 'case.
The controversy arises from the fifth count of the complaint, the others being confessedly ex contractu. The cause of action averred in the fifth count is based upon an ordinance of the town of Gurley, which reads as fol
"We have rested the decision upon the conclusion that the ordinance is valid. We make no decision on that question. An ordinance which authorizes the imposition of a penalty for its violation must be definite in its meaning, and in the penalty fixed. — McConvile v. Mayor, 39 N. J. L. 38; Am. & Eng. Ency. of Law, Vol. 17, p. 253 and note; State v. Zeigler, 32 N. J. L. 262.
The court did not err in its ruling, and the judgment is affirmed.