Adams v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Bili by the Southern Railway Company against T. S. Adams, as Tax Collector for Marengo county, and others, to enjoin the collection of a special road tax. From a decree for complainants respondent appeals.
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Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Bili by the Southern Railway Company against T. S. Adams, as Tax Collector for Marengo county, and others, to enjoin the collection of a special road tax. From a decree for complainants respondent appeals. The answer was filed under oath and supported by the uncontroverted affidavits of the officer, and hence, the court erred in refusing to dissolve the injunction. — Section 4535, Code 1907; 5 Mayf. 531;.Hayes v. Aldrich, 115 Ala. 249; Nelson v. Hammons, 55 South. 301; Mellan v. McMurray, 55 South. 793. The bill is…
1Opinion of the CourtMcClellan, J.
This appeal presents for revision only the action of the court in denying the motion of the respondents (appellants) to dissolve the injunction issued as prayed in the bill. The bill’s theory is that the tax collector of Marengo county is in the act of enforcing, by a sale of property of the complainant (appellee), the collection of an alleged special road tax.— Code, §§ 134, 138; Const,. § 215; Acts Sp. Sess. 1909, pp. 179, 280. It is averred, to state the substance, that, while there appears upon the minute book of the commissioners’ court of Marengo county an order levying a special road…
2Cases cited7 opinions
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- Mayor of Mobile v. BaldwinSupreme Court of Alabama · 1876
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- Oates v. WhiteheadSupreme Court of Alabama · 1911
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3Cited by10 opinions
- Nachman v. State Tax CommissionSupreme Court of Alabama · 1937
- Shanks v. WinklerSupreme Court of Alabama · 1923
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