State ex rel. Stow v. City Council of Montgomery
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 29th April, 1874,'by Benj.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 29th April, 1874,'by Benj. Gardner, as attorney-general, in the name of the State, on the relation of J. P. Stow and others, citizens, tax-payers, and owners of real estate in the city of Montgomery, against the corporate authorities of said city; and sought to enjoin the ■collection of a special tax of one per-cent, on the assessed value of all taxable real property in the city of Montgomery, which had been levied by the corporate authorities of the city, for the year…
1Opinion of the CourtStone, J.
— We have not been able to find any order of the court, by which the amended bill found in the record was allowed to be filed; but in what we have to say, we will treat the case as if the amended bill were a part of the record.
In the amended bill it is averred, “ that a majority of the votes cast in said election, by those qualified to vote thereat, was not, in point of fact, cast in favor of the proposition to aid in building and equipping the said South and North Alabama railroad from Montgomery to Limekiln.” In another place it is averred, that in the negotiations between the city council…
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