State ex rel. Attorney General v. Louisville & N. R. R.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heal'd before Hon. A. D. Sake. Bill by the state on the relation of the Attorney General against the L. & N. R. R. Co., et al., to require the opening of Lee street in the city of Montgomery which had been closed by the construction of the freight depot of the L. & N. R. R. Co., across it, under an ordinance of the city of Montgomery. From a judgment for respondent relator appeals.
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Appeal from Montgomery City Court. Heal'd before Hon. A. D. Sake. Bill by the state on the relation of the Attorney General against the L. & N. R. R. Co., et al., to require the opening of Lee street in the city of Montgomery which had been closed by the construction of the freight depot of the L. & N. R. R. Co., across it, under an ordinance of the city of Montgomery. From a judgment for respondent relator appeals. Counsel insist that the city of Montgomery had no authority to vacate the street by contract ordinance or otherwi.se. — Smith v. McDowell, 148 111. 51; 1 Dillon’s Munic. Corp.…
1Opinion of the CourtHaralson, J.
1. The questions presented on this appeal are, first, whether the city council of Montgomery had the power, under its charter, to authorize the obstruction of Lee street in said city, by the erection thereon, at the foot of said street, of the freight depot of the Mobile & Montgomery Railway Company or of the Louisville & Uashville Railroad Company — the latter being the lessee of the first named railroad company — which depot extends- entirely across said street at its foot; and, second, if it did not have such authority, whether the act of the Legislature of December 10, 1900 (Laws 1900-01,…
2Cases cited18 opinions
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Ex parte PollardSupreme Court of Alabama · 1866
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Meighan v. Birmingham Terminal Co.Supreme Court of Alabama · 1910
- Branyon v. KirkSupreme Court of Alabama · 1939
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Harris v. State Ex Rel. WilliamsSupreme Court of Alabama · 1933
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
14 more not listed; retrieve them via the Exa API.