Gillespie v. Gibbs
Supreme Court of Alabama
Appeal .from Cullman Chancery Court. ■ Heard before Hon. W. H.- Simpson. This bill was filed by P. A. Gillespie, and others, citizens and tax payers of the town of Hanceville, against Gibbs and others, as mayor and aldermen of said town, to enjoin the expenditure of public funds towards the b-uilding and equipping of a school house. The town of Hanceville was not made a party respondent.
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Appeal .from Cullman Chancery Court. ■ Heard before Hon. W. H.- Simpson. This bill was filed by P. A. Gillespie, and others, citizens and tax payers of the town of Hanceville, against Gibbs and others, as mayor and aldermen of said town, to enjoin the expenditure of public funds towards the b-uilding and equipping of a school house. The town of Hanceville was not made a party respondent. Burkhart was a member of the board of aldermen at the time of the filing of the bill, and was made a.party complainant. The other facts are sufficiently stated in the opinion of the court. . . -Municipal…
1Opinion of the CourtTyson, J.
This is the case of a bill filed by certain taxpayers of the municipality of the town of ITanceville, one of whom was an alderman of the said town, against the intendant and the other aldermen, to enjoin ultra vires acts of the corporation. The particular act complained of was the application of corporate funds to the repair and completion of school property- owned by the Hanceville school district situated in the town, and the purchase of an additional lot for the said school. After *452an injunction liad, issued, the town authorities, recognizing the want of power to dO' the act complained of,…
2Cases cited7 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Moore v. HeldSupreme Court of Iowa · 1887
- New Orleans, Mobile & Chattanooga Railroad v. DunnSupreme Court of Alabama · 1874
- Turner v. CruzenSupreme Court of Iowa · 1886
- State ex rel. Sanche v. WebbSupreme Court of Alabama · 1892
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3Cited by21 opinions
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- Poyner v. WhiddonSupreme Court of Alabama · 1937
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- State Ex Rel. Bailes v. Guardian Realty Co.Supreme Court of Alabama · 1939
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