Harris v. Barrett
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by George C. Harris against N. A. Barrett and others, as Commissioners of the City of Birmingham and the Ohief of Police, to enjoin the enforcement of a certain ordinance. From a decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by George C. Harris against N. A. Barrett and others, as Commissioners of the City of Birmingham and the Ohief of Police, to enjoin the enforcement of a certain ordinance. From a decree sustaining demurrers to the bill, complainant appeals. The ordinance attacked is as follows: Be it ordained by the board of commissioners of the city of Birmingham, Ala., as follows: Section 1. That it be hereby be made the duty of all persons, firms or corporations owning or operating within the city limits of Birmingham, any dray, moving…
1Opinion of the CourtThomas, J.
The bill was to restrain the city commissioners and chief of police of Birmingham from enforcing an ordinance in regard to moving personal property.
[1] This is not a moot case as is suggested by appellant’s counsel, since liability on the injunction is dependent on the successful prosecution of the appeal.
It is insisted that the primary purpose of the bill is that the daily reports required by a void ordinance of those moving certain personal property, as applied to the corporation of which complainant is the president and general manager, in the due operation of its transfer business,…
2Cases cited17 opinions
- Williams v. City of TalladegaSupreme Court of the United States · 1913
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Hardie-Tynes Mfg. Co. v. CruiseSupreme Court of Alabama · 1914
- Postal Tel.-Cable Co. v. City of MontgomerySupreme Court of Alabama · 1915
- Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
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3Cited by15 opinions
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- Birmingham Interurban Taxicab Service Corp. v. McLendonSupreme Court of Alabama · 1923
- Giglio v. BarrettSupreme Court of Alabama · 1922
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Ex Parte SmithSupreme Court of Alabama · 1924
10 more not listed; retrieve them via the Exa API.