State Ex Rel. City of Birmingham v. Board of Revenue
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; H. A. Sharpe, Judge. Petition by the State of Alabama, on the relation of the City of Birmingham, for mandamus against the Board of Revenue of Jefferson County. Demurrer to the petition sustained and the application dismissed, and petitioner appeals.
1Opinion of the CourtThomas, J.
The mandamus prayed was to compel the board of revenue of Jefferson county to maintain certain highways in the city of Birmingham, between the -curb line and the property line on each side of said highways. Demurrer was sustained to the petition, and, petitioner declining to plead further, the application was dismissed.
[1] Exercise of the statutory discretion lodged with boards of revenue and courts of county commissioners, and the members thereof, may be compelled by mandamus. State ex rel. City of Mobile v. Board of Revenue, 180 Ala. 489, 61 South. 368. The court will not, however, direct…
2Cases cited11 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Rector v. StateAlabama Court of Appeals · 1914
- Gulp, Colorado & Santa Fe Railway Co. v. StateTexas Supreme Court · 1888
- Walker v. AllenSupreme Court of Alabama · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lone Star Cement Corporation v. State Tax CommissionSupreme Court of Alabama · 1937
- McCreless v. Tennessee Valley BankSupreme Court of Alabama · 1922
- Gardner v. StevensSupreme Court of Alabama · 1959
- Woodward Iron Co. v. VinesSupreme Court of Alabama · 1928
- Haralson v. State Ex Rel. KingSupreme Court of Alabama · 1953
4 more not listed; retrieve them via the Exa API.