Hare v. Kennerly
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by William Hare, against L. H. Kennerly, to recover certain articles of personal property which the defendant, as tax-collector, had seized for taxes due and unpaid by the plaintiff; and was commenced before a justice of the peace, on the 2d April, 1887. Oil appeal to the City Court, the defendant pleaded non detinet, and a special plea justifying the seizure for taxes levied…
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by William Hare, against L. H. Kennerly, to recover certain articles of personal property which the defendant, as tax-collector, had seized for taxes due and unpaid by the plaintiff; and was commenced before a justice of the peace, on the 2d April, 1887. Oil appeal to the City Court, the defendant pleaded non detinet, and a special plea justifying the seizure for taxes levied under the provisions of the act approved December 8th, 1880, “for the adjustment and settlement of the debts of the late…
1Opinion of the CourtSomebyille, J.
— The suit is .one in detinue for specific property, brought by the plaintiff against the defendant, as tax-collector, who justifies the seizure and detention of the property under a levy made for taxes under the provisions of the act approved December 8th, 1880, adopting and carrying into effect n plan for the adjustment and settlement of the then existing indebtedness of the city of Mobile.- — Acts 1880-81, pp. 329-360.
The various rulings of the court practically raise but one controlling question- — the constitutionality of this statute, which was decided by the court below favorably to…
2Cases cited12 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Mobile v. WatsonSupreme Court of the United States · 1886
- Davis v. StateSupreme Court of Alabama · 1880
- Edwards v. WilliamsonSupreme Court of Alabama · 1881
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3Cited by21 opinions
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- Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
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- Mayor of Birmingham v. KleinSupreme Court of Alabama · 1889
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