City of Birmingham v. Graves
Supreme Court of Alabama
Appeal from Chancery Court, Jefferson County; A. H. Benners, Chancellor. Bill by W. H. Graves against the City of Birmingham and another. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtGardner, J.
The statement of the case, found in the dissenting opinion of Mr. Justice THOMAS as well as a discussion in brief of counsel for appellee, discloses that the bill was filed upon the theory that the city was proceeding to take, injure, or destroy the complainant’s property without first making just compensation therefor, in violation of section 235 of our Constitution, and reliance was had upon the case of McEachin v. City of Tuscaloosa, 164 Ala. 263, 51 South. 153.
A bill of this character, coming within the provisions of section 235 of the Constitution, would, of course, have equity. McEachin…
2Cases cited12 opinions
- County of Chester v. BrowerSupreme Court of Pennsylvania · 1888
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- City Council v. TownsendSupreme Court of Alabama · 1886
- McEachin v. City of TuscaloosaSupreme Court of Alabama · 1909
- McHan v. McMurrySupreme Court of Alabama · 1911
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3Cited by22 opinions
- Branyon v. KirkSupreme Court of Alabama · 1939
- City of Mobile v. McClureSupreme Court of Alabama · 1930
- Jefferson County v. SOUTHERN NATURAL GASSupreme Court of Alabama · 1993
- Giglio v. BarrettSupreme Court of Alabama · 1922
- City of Mobile v. ChapmanSupreme Court of Alabama · 1918
17 more not listed; retrieve them via the Exa API.