City of Montgomery v. Barefield
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before. Hon. William: H. Thomas. Action by J. P. Barefield against the city of Montgomery to ljecover street tax paid under protest. Judgment for plaintiff, and defendant appeals.
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Appeal from Montgomery City Court. Heard before. Hon. William: H. Thomas. Action by J. P. Barefield against the city of Montgomery to ljecover street tax paid under protest. Judgment for plaintiff, and defendant appeals. The complaint is as follows: Count 2: “Plaintiff claims of defendant $8, for that heretofore, on, to wit, December 8, 1908, said city of Montgomery adopted an ordinance providing for a street tax in the city of Montgomery, which ordinance was approved by the mayor on, to wit, January 4, 1909. (Hei’e follows copy of ordinarce set out in the opinion.) That under the provisions…
1Opinion of the CourtPelham, J.
The question presented by this appeal is whether or not an ordinance adopted by the city of Montgomery, imposing a street tax, is a valid enactment; and the appellant and appellee both contend that a proper construction of the authority conferred by section 1336 of the Code of 1907 will uphold their respective, but opposed, contentions; or, to state the proposition presented differently, and possibly with more clearness, the constitutionality of the section is not raised or questioned by the appellee, and the appellant bases the rights of the city to pass the ordinance in question upon that…
2Cases cited3 opinions
- Taylor v. StateSupreme Court of Alabama · 1906
- Whitt v. City of GadsdenSupreme Court of Alabama · 1909
- Mullins v. HannemanSupreme Court of Louisiana · 1909
3Cited by13 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Randall E. Lanier v. City of Newton, Alabama, Etc., Chief of Police in His Official Capacity of the City of Newton, Etc.Court of Appeals for the Eleventh Circuit · 1988
- City of Mobile v. CollinsAlabama Court of Appeals · 1930
- Lanier v. City of NewtonSupreme Court of Alabama · 1987
- Benson W. Peak v. City of Tuscaloosa.Court of Criminal Appeals of Alabama · 2011
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