Mayor of Wetumpka v. Wetumpka Wharf Co.
Supreme Court of Alabama
Appeal from the Chancery Court at Wetumpka. Heard before tbe Hon. Charles Turner. Tbe original bill in this case was filed on tbe 29th October, 1870, by tbe Wetumpka Wbarf Company, a domestic corporation, having its principal place of business at Wetumpka, against the municipal authorities of tbe city of Wetumpka; and sought to subject to' the satisfaction of a judgment, which one Howell Rose bad recovered against the city on tbe 15th October, 1855, and which he transferred…
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Appeal from the Chancery Court at Wetumpka. Heard before tbe Hon. Charles Turner. Tbe original bill in this case was filed on tbe 29th October, 1870, by tbe Wetumpka Wbarf Company, a domestic corporation, having its principal place of business at Wetumpka, against the municipal authorities of tbe city of Wetumpka; and sought to subject to' the satisfaction of a judgment, which one Howell Rose bad recovered against the city on tbe 15th October, 1855, and which he transferred to the complainant on the 27th October, 1857, certain real estate belonging to the city, with its rents, income, and…
1Opinion of the CourtBrickell, C. J.
The cause was heard on the pleadings and exhibits, no other evidence being introduced than that which is to be found in the recitals contained in the exhibits to the original bill, and the cross-bill filed by Smith. The averment of the original bill is, that the bond of the city of Wetumpka, issued and payable to Howell Rose, was for money advanced and loaned by Rose to the mayor and aldermen, to pay the subscription of the city to the capital stock of the Central Plank-Road Company. It is further ' averred, that the bond was issued under authority conferred by the legislature, and in strict…
2Cases cited12 opinions
- United States v. RossSupreme Court of the United States · 1876
- Mayor v. RaySupreme Court of the United States · 1874
- Police Jury v. BrittonSupreme Court of the United States · 1873
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
- Voss v. Waterloo Water Co.Indiana Supreme Court · 1904
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Elmore County Bank v. AvantSupreme Court of Alabama · 1914
- Spear v. WardSupreme Court of Alabama · 1917
17 more not listed; retrieve them via the Exa API.