Opinion
3 Div. 343.
February 4, 1919.
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge.
Lela West was convicted of violation of an ordinance of the City of Montgomery, and appeals. Reversed and remanded.
Brassell Brassell, of Montgomery, for appellant.
L.A. Sanderson, of Montgomery, for appellee.
In the absence of a statute requiring courts to take cognizance of municipal ordinances, such ordinances to be available must be specially pleaded. In this case it was not done. The defect was raised by demurrer. The demurrer should have been sustained. Benjamin v. City of Montgomery, 16 Ala. App. 389, 78 So. 167.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.