Bouldin v. City of Homewood

174 So.2d 306 (1965)

Morris N. BOULDIN

v.

CITY OF HOMEWOOD et al.

6 Div. 135.

Supreme Court of Alabama.

February 4, 1965.

Rehearing Denied April 15, 1965.

Griffin & Wilson, Birmingham, for appellant.

J. M. Breckenridge, John S. Foster and W. W. Conwell, Birmingham, for appellee City of Birmingham.

HARWOOD, Justice.

The decree in this court was entered below on 2 September 1964. Under the requirements of due and regular appeal processes, the appeal was submitted in this court on 25 November 1964.

Section 188, Title 37, Code of Alabama 1940, provides as follows:

"When two or more municipalities lying…