City of Nashville v. Marlin

On Petition to Rehear

Counsel for appellant, A. J. Matthews, has filed an earnest and courteous petition to rehear. It is earnestly insisted, should our original opinion he allowed to stand, it is authority for the proposition the legislature may delegate to a municipality legislative authority by authorizing it to exempt itself from a general law.

But we disagree. We stated in our original opinion no question was made as to the right of a municipality to file tax suits independently of Title 67, Chapter 20 of T.C.A. Nor was the finding of the Chancellor the suits were filed under authority of…