City Council v. Birdsong
Supreme Court of Alabama
Appeal from the City Court -of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The proceedings in this case were instituted by the City Council of Montgomery, under provision of the act of the General Assembly, regulating the sale of real estate in the city of Montgomery,' for unpaid taxes for municipal purposes. The pleadings in the case and the facts relating to the cause are sufficiently stated in the •opinion.
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Appeal from the City Court -of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The proceedings in this case were instituted by the City Council of Montgomery, under provision of the act of the General Assembly, regulating the sale of real estate in the city of Montgomery,' for unpaid taxes for municipal purposes. The pleadings in the case and the facts relating to the cause are sufficiently stated in the •opinion. Upon submission of the cause upon a motion to dismiss the answer of the respondent and upon demurrer to such motion, the court entered a decree overruling the motion to…
1Opinion of the CourtHaralson, J.
This proceeding was instituted and prosecuted in the city court of Montgomery,—sitting-in equity,—under the alleged authority of an act of Feb. 10th, 1887 (Acts, 1886-87, p. 776), entitled “An act to regulate the sale of real estate in the city of Montgomery, Alabama, for unpaid taxes assessed .for municipal purposes.” This act relates exclusively, 'ás shown by its title, to the collection of taxes for municipal purposes, and has no reference to the sale of property to enforce the collection of assessments for street and sidewalk improvements, provided for in another enactment.
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2Cases cited7 opinions
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- Norwood v. BakerSupreme Court of the United States · 1898
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- State v. RogersSupreme Court of Alabama · 1894
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