City Council v. Burnett
Supreme Court of Alabama
Appeal from tbe Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by G. W. Barnett, et al., as tax payers, against tbe city of Montgomery, et al., to declare a contract for paying yoid and to enjoin paying any money therein.
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Appeal from tbe Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by G. W. Barnett, et al., as tax payers, against tbe city of Montgomery, et al., to declare a contract for paying yoid and to enjoin paying any money therein. It is a well established doctrine that the court will not interfere and set aside the contract for municipal improvement for the reasons alleged in this bill, in the absence of fraud or corruption. — 20 A. & E. Ency. of Law, pp. 1165-66 and 67; 1 Smith on Municipal Corporations, section 746. The contention made by complainants here ivas made and considered…
1Opinion of the Court
SIMPSON, J. —
This bill was filed in the city court in equity of Montgomery by the appellees, as owners of property on Hull street and as taxpayers of the city of Montgomery, seeking to have declared null and void a certain contract of paving said street, to restrain the city council from paying out any money thereon, and from issuing certain bonds, and from fastening on the property of complainants any assessment or liability on account of said improvement. The act of the Legislature authorized the city council to pave, or otherwise improve said street (with others). The city charter requires…
2Cases cited6 opinions
- Inge v. Board of Public Works of MobileSupreme Court of Alabama · 1902
- Brown v. JenksCalifornia Supreme Court · 1893
- Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
- Alameda MacAdamizing Co. v. PringleCalifornia Supreme Court · 1900
- Wilson v. Inhabitants of TrentonSupreme Court of New Jersey · 1898
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3Cited by5 opinions
- Van Antwerp v. Board of Com'rsSupreme Court of Alabama · 1928
- City of Albany v. SpraginsSupreme Court of Alabama · 1922
- Hamilton v. City of AnnistonSupreme Court of Alabama · 1946
- Frasch v. City of PrichardSupreme Court of Alabama · 1932
- Barber Asphalt Paving Co. v. City of IndianapolisIndiana Court of Appeals · 1913