Gibbons v. Mobile & Great Northern Railroad
Supreme Court of Alabama
Appeal' from the Chancery Court of Mobile. Heard before the Hon. Milton J. Saffold. The bill in this case was filed by Lyman Gibbons and others, on belialf of .themselves and all other tax-payers of the eity of Mobile who might'come in and contribute to the expenses of the suit, against the Mobile arid Great Northern Railroad Company, the corporate authorities of the city of Mobile, and the city tax-collector; and sought to cancel and annul a contract,which had been entered…
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Appeal' from the Chancery Court of Mobile. Heard before the Hon. Milton J. Saffold. The bill in this case was filed by Lyman Gibbons and others, on belialf of .themselves and all other tax-payers of the eity of Mobile who might'come in and contribute to the expenses of the suit, against the Mobile arid Great Northern Railroad Company, the corporate authorities of the city of Mobile, and the city tax-collector; and sought to cancel and annul a contract,which had been entered into between said corporate authorities and said railroad company, and which is hereinafter set out, and to perpetually…
1Opinion of the CourtStone, J.
1. The constitutionality of the legislation, under which the city of Mobile has obliged itself to aid the Great'Northern railroad, is assailed, as not being a legitimate exercise of the taxing power, but a talcing of private property without just compensation, even if the use for which it is taken be public.
This subject has undergone much aud earnest discussion in many of the States composing this Union ; and however grave the subject might be regarded, if it were an open question, we feel bound to consider it, in this State, res adjudicata. In coming to this conclusion, we are not unmindful…
2Cases cited16 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- Ex parte BurnettSupreme Court of Alabama · 1857
- Sayles v. SmithNew York Supreme Court · 1834
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Epping v. City of ColumbusSupreme Court of Georgia · 1903
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Beeland Wholesale Co. v. KaufmanSupreme Court of Alabama · 1937
- Carlson v. City of HelenaMontana Supreme Court · 1909
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