Legal Opinion

Turner v. Anniston Electric & Gas Co.

Supreme Court of Alabama

Decided April 26, 1917No. 7 Div. 866PublishedCited by 4 opinions

Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Mandamus by tl)e Anniston Electric & Gas Company against T. A. Turner, as President of the Commissioners’ Court of Calhoun County. From a judgment granting a peremptory writ, defendant appeals.

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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Mandamus by tl)e Anniston Electric & Gas Company against T. A. Turner, as President of the Commissioners’ Court of Calhoun County. From a judgment granting a peremptory writ, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Petition for mandamus by the Anniston Electric & Gas Company against the members of the commissioners’ court of Calhoun county, Ala., praying that a writ be directed to them requiring the issuance of a warrant to petitioner for the sum of $553.50, which the petition alleges…

1Opinion of the CourtGardner, J.

The appellee, a foreign corporation, paid certain privilege taxes under the act of March 7, 1907 (Gen. Acts 1907, p. 418), which was subsequently declared to be unconstitutional by the Supreme Court of the United States in the case of Southern Railway v. Greene, 216 U. S. 400, 30 Sup. Ct. 287, 54 L. Ed. 536, 17 Ann. Cas. 1247.

The questions argued by counsel for appellant on this appeal have been heretofore determined by this court in the following recent eases: Smith, as Auditor, v. Tenn. Coal, Iron & R. R. Co., 192 Ala. 129, 68 South. 865; Bigbee Fertilizer Co. v. Smith, 186 Ala. 552, 65…

2Cases cited5 opinions

  1. Southern Railway Co. v. GreeneSupreme Court of the United States · 1910
  2. Allgood v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1916
  3. Bigbee Fertilizer Co. v. SmithSupreme Court of Alabama · 1914
  4. Lovelady v. Loveman, Joseph & LoebSupreme Court of Alabama · 1915
  5. Smith v. Tennesse Coal, Iron & RailroadSupreme Court of Alabama · 1915

3Cited by4 opinions

  1. Board of Revenue v. Southern Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1917
  2. Melof v. HuntDistrict Court, M.D. Alabama · 1989
  3. Blan v. Hollywood Realty Co.Supreme Court of Alabama · 1927
  4. Allgood v. ParkerAlabama Court of Appeals · 1926

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