Hearn v. Court of Co. Com. Blount Co.
Supreme Court of Alabama
Appeal from Blount Chancery Court. Heard before Hon. A. H. Benners. Bill by F. A. Hearn against the Court of County Commissioners of Blount county, to restrain the issuance of certain county bonds authorized by an election under circumstances fully disclosed in the opinion. From a decree denying relief complainant appeals.
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Appeal from Blount Chancery Court. Heard before Hon. A. H. Benners. Bill by F. A. Hearn against the Court of County Commissioners of Blount county, to restrain the issuance of certain county bonds authorized by an election under circumstances fully disclosed in the opinion. From a decree denying relief complainant appeals. Notice required by sections 160, Code 1907, and 5181, Code 1907, was not given, and a mere reading of the bill will disclose that the chancellor was in error in sustaining the demurrers to the bill, and declining to grant the injunction. The provisions of section 160, Code…
1Opinion of the CourtMcCLELLAN, J.
This bill by a taxpayer .seeks injunctive process to restrain the issuance of $150,000 of bonds of the county of Blount to provide funds wherewith to construct public roads in that county. The Statutory authority therefor is afforded by Code, § 158 et seq.
Code, § 160, provides: “Notice of such election shall be given for thirty days by publication in a newspaper published in the .county in which the election is to be held once a week for three successive weeks, which notice shall state * * • * the place for holding the same, the amount of the proposed bond issue, and the maximum rate of…
2Cases cited1 opinion
- Commissioners Court v. State ex rel. BowlingSupreme Court of Alabama · 1907
3Cited by6 opinions
- In Re East Bay Etc. Water Bonds of 1925California Supreme Court · 1925
- Shanks v. WinklerSupreme Court of Alabama · 1923
- Weisgerber v. Nez Perce CountyIdaho Supreme Court · 1921
- Keeble v. UnderwoodSupreme Court of Alabama · 1915
- East Bay Municipal Utility District v. HadsellCalifornia Supreme Court · 1925
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