Legal Opinion

State ex rel. Sigsbee v. City of Birmingham

Supreme Court of Alabama

Decided December 17, 1908PublishedCited by 18 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Qluo warranto by the state on the relation of J. N. Sigsby and others against the city of Birmingham, and others, to test the validity of an election held for the purpose of annexing territory to said city. Prom a judgment sustaining demurrer to the petition and dismissing it, relators appeal. Counsel discuss assignments of error hut without citation of authority.

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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Qluo warranto by the state on the relation of J. N. Sigsby and others against the city of Birmingham, and others, to test the validity of an election held for the purpose of annexing territory to said city. Prom a judgment sustaining demurrer to the petition and dismissing it, relators appeal. Counsel discuss assignments of error hut without citation of authority. Where there is only a threatened exercise of a franchise the proceedings instituted here will not lie. — State ex rel. Johnson v. Ensley. 142 Ala. 665.

1Opinion of the CourtSimpson, J.

This is a quo warranto proceeding, instituted by the appellants to test the validity of certain elections by which certain territory, described in the petition, was annexed, or intended to be annexed, to the city of Birmingham. On the 8th day of August, 1907, the act of the legislature was approved, being “An act to alter or rearrange the boundary lines of the city of Birmingham, Alabama.” Said act provided for altering and rearranging the boundary lines of said city, by adding thereto the territory described in the petition, but by section 8 thereof provided for an election to be held to…

2Cases cited4 opinions

  1. Greenleaf v. GoodrichSupreme Court of the United States · 1880
  2. City of Uniontown v. State ex rel. GlassSupreme Court of Alabama · 1906
  3. Langley v. AndrewsSupreme Court of Alabama · 1904
  4. Rhode Island Hospital Trust Co. v. OlneySupreme Court of Rhode Island · 1888

3Cited by18 opinions

  1. Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
  2. Kinney Loan & Finance Co. v. SumnerNebraska Supreme Court · 1954
  3. Bonsall's EstateSupreme Court of Pennsylvania · 1926
  4. Texas Company v. C.F. SiefriedWyoming Supreme Court · 1944
  5. State ex rel. Weatherly v. Birmingham Water Works Co.Supreme Court of Alabama · 1913

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