Garner v. City of Anniston
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. C’oleman, Jr. Action by the City of Anniston against K. E. Garner to enforce a lien for special street improvement assessment. Judgment for plaintiff and defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. C’oleman, Jr. Action by the City of Anniston against K. E. Garner to enforce a lien for special street improvement assessment. Judgment for plaintiff and defendant appeals. The resolution, .the basis of the assessment, does not state the general character of the materials to be used with sufficient certainty as required by section 1861, Code 1907. This was jurisdictional, and unless complied with, rendered the proceeding void. 52 Cal. 270; 43 NW. 710; 92 NW. 657; 45 la. 87; 2 Am. Bep. 76; 3 Abb. (N. C.) 68; 24 Ohio St. 126; 18 Ir.…
1Opinion of the Court
WALKEN, P. J.-
The proceeding which terminated in the judgment of the court below in favor of the appellee for an amount claimed by it as an assessment against property of the appellant for the cost of paving *391the street upon which abutted that property, which was declared subject to a lien for the amount of the judgment, had its commencement in the adoption on the 25th -day of June, 1908, of a resolution by the city council of Anniston, the first section of which was as follows: “Resolved, by the city council of Anniston, that they hereby determine to pave with bitulithic pavement, vitrified…
2Cases cited18 opinions
- Hoyt v. City of East SaginawMichigan Supreme Court · 1869
- City of Chicago v. NodeckIllinois Supreme Court · 1903
- Buckley v. City of TacomaWashington Supreme Court · 1894
- City of Decatur v. BrockSupreme Court of Alabama · 1910
- Bank of Columbia v. PortlandOregon Supreme Court · 1902
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3Cited by3 opinions
- City of Birmingham v. AbernathySupreme Court of Alabama · 1912
- Falkner v. City of BessemerAlabama Court of Appeals · 1925
- Falkner v. City of BessemerAlabama Court of Appeals · 1925