Irwin v. Mayor of Mobile
Supreme Court of Alabama
APPEAL from Circuit Court of Mobile. Tried before Hon. JOHN ELLIOTT. The appellant Irwin, as executor of Fearne, brought his action against the “ Mayor, Aldermen aud Common Council of the City of Mobile, ” to recover certain taxes or assessment paid by him to the city under protest.
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APPEAL from Circuit Court of Mobile. Tried before Hon. JOHN ELLIOTT. The appellant Irwin, as executor of Fearne, brought his action against the “ Mayor, Aldermen aud Common Council of the City of Mobile, ” to recover certain taxes or assessment paid by him to the city under protest. During Fearne’s life-time, but at what date is not shown, he, with others, signed the following petition : “ To the Honorable, the Mayor, Aldermen and Common Council of the City of Mobile: Your petitioners, owners of real estate, fronting on Boyal street, “between St. Francis street and St. Michael street, most…
1Opinion of the CourtStone, J.
The case of Mayor, Aldermen, &c. of Mobile v. Dargan, 45 Ala. 310, and the case of Mayor, &c. v. Royal Street Railroad Company, same volume, 322, were made to turn on the principle therein declared, that the Constitution of 1868 had repealed sections 58 and 94 of the act “ to incorporate the city of Mobile, ” approved February 2, 1866. — Pamph. Acts, 202.
What is known as the Constitution of 1868, did not become the Constitution of Alabama, or binding upon its citizens, *10until the same was approved by Congress. On the 25th day of June, 1868, the Congress of the United States, by the requisite…
2Cases cited8 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
- Hines v. City of LeavenworthSupreme Court of Kansas · 1865
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3Cited by8 opinions
- Mayor of Birmingham v. KleinSupreme Court of Alabama · 1889
- State ex rel. Lang v. FurnishMontana Supreme Court · 1913
- Birmingham Gas Co. v. City of BessemerSupreme Court of Alabama · 1947
- Knopfi v. Gilsonite Roofing & Paving Co.Missouri Court of Appeals · 1902
- Strenna v. City CouncilSupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.