Board of Commissioners v. Orr.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Wade H. Orr against the Board of Commissioners of the City of Mobile and the City Health Officers to enjoin the enforcement of an ordinance requiring the paving of certain stables and connection thereof with the city sewerage system, and to declare the ordinance invalid as unreasonable. From a decree granting a preliminary injunction, respondent appeal.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Wade H. Orr against the Board of Commissioners of the City of Mobile and the City Health Officers to enjoin the enforcement of an ordinance requiring the paving of certain stables and connection thereof with the city sewerage system, and to declare the ordinance invalid as unreasonable. From a decree granting a preliminary injunction, respondent appeal. The bill alleges that the complaint comes within the purview of a certain ordinance adopted by the board of commissioners of the city of Mobile to become effective…
1Opinion of the Court
SAYRE, J.-
The statutes of the state, with which the quasi legislative acts of inferior municipal bodies must be classed so far as concerns the constitutional requirement of equal laws, are not to be put aside by judicial decree, except upon satisfactory assurance that they do offend against the principle of equality. Classification, or discrimination between classes, is allowed if founded upon distinctions reasonable in principle and having just relation to the object sought to be accomplished. The courts concede a wide discretion to the legislative authority in respect of the grounds of…
2Cases cited13 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
- Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Continental Oil Co. v. City of Twin FallsIdaho Supreme Court · 1930
- Hubbard v. StateCourt of Criminal Appeals of Alabama · 1986
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
51 more not listed; retrieve them via the Exa API.