City of Birmingham v. Abernathy
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Bill by Mrs. C. E. Abernathy against the City of Birmingham to enjoin the city from enforcing an assessment for public improvement, and to cancel same as cloud on title. From a decree granting relief respondent appeals. There is no equity in the bill. — McCullough v. Maryland, 4 Wheat. 316; Cooley’s Const.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Bill by Mrs. C. E. Abernathy against the City of Birmingham to enjoin the city from enforcing an assessment for public improvement, and to cancel same as cloud on title. From a decree granting relief respondent appeals. There is no equity in the bill. — McCullough v. Maryland, 4 Wheat. 316; Cooley’s Const. Lim. 587-8; Page & Jones on Taxation, sec. 918; sec. 1381, Code 1907. In the absence of an averment of want of notice and other facts, the law will presume notice and a compliance with, the statutory requirements since the…
1Opinion of the CourtSayre, J.
This case differs from that shown in Birmingham v. Wills, infra, 59 South. 173, in this only: *225In the body of the initial ordinance adopted by the town of West End in this case, the street upon which the improvement was to be made was not named nor was there any designation of the terminal points of the improvement. However, the caption of the ordinance showed that First avenue was to be paved from Almons street to Green street. Section 1379 of the Code requires that the notice of hearing for final assessment “shall state the general character of the improvement, the terminal points thereof,…
2Cases cited6 opinions
- Ex parte HaskellCalifornia Supreme Court · 1896
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- Ex Parte YoungCalifornia Supreme Court · 1908
- Ex Parte YungCalifornia Court of Appeal · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Henderson v. City of EnterpriseSupreme Court of Alabama · 1918
- Town of Elba v. CooperSupreme Court of Alabama · 1922
- Browder v. GunterSupreme Court of Alabama · 1930
- City of Birmingham v. AbbottSupreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.