Nashville, Chattanooga & St. Louis Railway Co. v. Alabama City
Supreme Court of Alabama
Appeal from the City Court, of Cadsden. Tried before the Hon. John H. Bisque. This was a. suit by the city of Alabama, City against the appellant, to recover several sums alleged to lie due to the plaintiff for license or privilege tax for the der fendan't, engaged iu tire business in Alabama City of operating its railroad therein, for -the transportation of freight and passengers, one or both, to points in the State of Alabama aunt from other points in the State of Alabama…
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Appeal from the City Court, of Cadsden. Tried before the Hon. John H. Bisque. This was a. suit by the city of Alabama, City against the appellant, to recover several sums alleged to lie due to the plaintiff for license or privilege tax for the der fendan't, engaged iu tire business in Alabama City of operating its railroad therein, for -the transportation of freight and passengers, one or both, to points in the State of Alabama aunt from other points in the State of Alabama to' Alabama, City; it' being averred in each of the counts of the complaint claiming the privilege ta,x of fifty dollars…
1Opinion of the CourtHaradson, J.
1. There was no error m overruling the demurrer to the 3d count of the complaint, — the .only one insisted on, in argument, — on the ground that it did not, set out in full the ordinance alleged to have been violated. It did state the substance of the ordinance, and averred its violation. It was only necessary to state its purpose and date, so as to identify it, and aver its violation. — Goldthwaite v. City Council of Montgomery, 50 Ala. 486.
*4192. In plea 2, the defendant averred that it had neither an agent nor an office in Alabama City, and had not had, since the enactment of the ordinance…
2Cases cited4 opinions
- Holt v. Mayor of BirminghamSupreme Court of Alabama · 1895
- Nashville, Chattanooga & St. Louis Railway v. City of AttallaSupreme Court of Alabama · 1897
- Goldthwaite v. City CouncilSupreme Court of Alabama · 1874
- City of Anniston v. Southern Railway Co.Supreme Court of Alabama · 1896
3Cited by20 opinions
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Kennamer v. StateSupreme Court of Alabama · 1907
- Turner v. Town of LinevilleAlabama Court of Appeals · 1911
- Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
- American Bakeries Co. v. City of HuntsvilleSupreme Court of Alabama · 1936
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