Commissioners Court of Pike County v. City of Troy
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Mandamus by tbe City of Troy against tbe Commissioners’ Court of Pike County. 'Order in favor of petitioner, and defendants appeal. Tbe petition alleges that there was levied and collected for Pike county by the commissioners’ court thereof a road tax of one-fourth of one per cent, on tbe property assessed for taxes in said county.
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Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Mandamus by tbe City of Troy against tbe Commissioners’ Court of Pike County. 'Order in favor of petitioner, and defendants appeal. Tbe petition alleges that there was levied and collected for Pike county by the commissioners’ court thereof a road tax of one-fourth of one per cent, on tbe property assessed for taxes in said county. Tbe said tax was levied for tbe years 1908-09, was due October 1, 1909, and delinquent January 1, 1910. It is alleged that tbe tax collector bad collected and paid to tbe county treasurer on tbe…
1Opinion of the CourtMcCLELLAN, J.
Appeal from an order awarding mandamus to compel the court of county commissioners of Pike county “to pay to petitioner, the city of Troy, for the uses and purposes set forth in said petition, and said sum be charged by said commissioners’ court to its fund raised and collected by it through and by its special'road tax. * * *”
*444The sum in question thus appears from the record to have been the product of a special road tax within and under the influence and control of the second pertinent proviso of section 215 of the Constitution of 1901. Hence, for the reasons set down in the original opinion…
2Cases cited1 opinion
- Board of Revenue of Jefferson Co. v. State ex rel. City of BirminghamSupreme Court of Alabama · 1910
3Cited by14 opinions
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Burns v. McDanielSupreme Court of Florida · 1932
- Town of Eutaw v. ColemanSupreme Court of Alabama · 1914
- Commissioners Court Tuscaloosa Co. v. State ex rel. City of TuscaloosaSupreme Court of Alabama · 1913
- County of Montgomery v. City of MontgomerySupreme Court of Alabama · 1914
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