Hill v. City of Prattville.
Violating Municipal Ordinance.
(Decided January 12, 1915.
67 South. 619.)
Municipal Corporations ; Ordinances; Violation; Jurisdiction.— The circuit court, and courts of like jurisdiction have no original jurisdiction of a prosecution for the violation of a municipal ordinance, except on appeal from a conviction or acquittal in the recorder’s court, and where the record on appeal does not show a conviction in the recorder’s court, it must be presumed that the prosecution was instituted in the court from which the appeal was taken; under such conditions such a judgment is a nullity and will not support an appeal.
Appeal from Autauga Circuit Court.
Heard before Hou.' W. W. Pearson.
J. W. Hill was convicted in the circuit court for a violation of an ordinance of the city of Prattville, and he appeals.
Appeal dismissed.
C. E. O. Timmerman, for appellant.
Counsel discuss the errors assigned with citation of authorities in support of his contention that a reversal should follow. He insists that an appeal bond was all that was necessary to give the circuit court jurisdiction, and that therefore the appeal should not be dismissed. He cites 120 Ala. 182.
*607Eugene Ballard-, for appellee.
The circuit court of Autauga county is without authority or jurisdiction to hear and to determine charges of violating a municipal ordinance, except on appeal from conviction in recorder’s court, and it not appearing from the transcript that the case was brought to the circuit court by appeal, the presumption is indulged that the case originated in the circuit court. This being true, the judgment of the circuit court is a nullity, and will not support the appeal.— Roney v. Gity of Florala,, 10 Ala. App. 370.
THOMAS, J.
The circuit court of Autauga county, from whose judgment this appeal is taken, has no jurisdiction of an offense in violation of the ordinances of the town of Prattville, which is the charge here, except upon appeal from a conviction before the recorder of said town. There is nothing in the record before us showing such a conviction and appeal — no judgment of the recorder and no appeal bond. Therefore, for aught appearing in the record to the contrary, the prosecution was originally commenced in the said circuit court of Autauga county upon a statement in writing of the city attorney of Prattville. If so, which in the state of the record mentioned must for purposes here be presumed, the judgment of conviction in the circuit court, from which this appeal is prosecuted, is a nullity and will not support the appeal.—Roney v. Florala, 10 Ala. App. 370, 65 South. 91. The appeal is consequently dismissed.
Appeal dismissed.