City of Huntsville v. Pulley
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. A. H. Alston. The City of Huntsville made certain assessments against the property of Georgia A. Pulley, for benefits accruing from street improvements. Pulley appealed from the judgment of the city council to the circuit court where a judgment was had for defendant, and the municipality appeals.
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Appeal from Madison Circuit Court. Heard before Hon. A. H. Alston. The City of Huntsville made certain assessments against the property of Georgia A. Pulley, for benefits accruing from street improvements. Pulley appealed from the judgment of the city council to the circuit court where a judgment was had for defendant, and the municipality appeals. Section 1394 provides that the court shall hear and determine all objections, and the court was in error in requiring a submission of that matter to the determination of the jury. —Boring v. Williams, 17 Ala. 510; Times v. State, 26 Ala. 165;…
1Opinion of the CourtSomerville, J.
Section 1389 of the Code gives, to any one aggrieved by the decision of the municipal-council in making an assessment for public improvements, the right of appeal to the circuit court, or other courts of like jurisdiction.
*370Section 1394 provides that such appeal “may be tried on the record Avithout other pleadings, and the court shall hear all the objections” to the assessment, and shall determine Avhether it exceeds the increased value due to special benefits derived from the improvement, “and shall render judgment accordingly.”
The Avord “court” is often used to designate the head of the…
2Cases cited9 opinions
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
- Pierce v. City of HuntsvilleSupreme Court of Alabama · 1913
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3Cited by30 opinions
- City of Dallas v. WrightTexas Supreme Court · 1931
- Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1929
- City of Tuscaloosa v. HillSupreme Court of Alabama · 1915
- Hood v. City of BessemerSupreme Court of Alabama · 1925
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