Commissioners Court v. Rather
Supreme Court of Alabama
Appeal from tbe Circuit Court of Limestone. Trid before Hon. W. B. Wood. Tbis was an appeal by McClellan, judge of probate, and Kimball, Hiñe and Builington, commissioners, &c., composing tbe court of county commissioners of Limestone, from an order awarding, on a petition filed April 21st, 1866, by Joba D. Ratber and other bondholders, a peremptory mandamus compelling the individuals composing tbe court of county commissioners of Limestone to assess and levy a sufficient…
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Appeal from tbe Circuit Court of Limestone. Trid before Hon. W. B. Wood. Tbis was an appeal by McClellan, judge of probate, and Kimball, Hiñe and Builington, commissioners, &c., composing tbe court of county commissioners of Limestone, from an order awarding, on a petition filed April 21st, 1866, by Joba D. Ratber and other bondholders, a peremptory mandamus compelling the individuals composing tbe court of county commissioners of Limestone to assess and levy a sufficient tax to pay certain bonds mentioned in tbe petition, and interest thereon, issued by Limestone county in payment of a…
1Opinion of the CourtPeters, J.
No question was made on the argument at the bar as to the legality of the bonds in controversy in this suit. It is understood that this was admitted, and that they created a legal-debt against the county of Limestone, which ought to he paid. But it was insisted by appellants that mandamus was not a proper remedy to enforce their collection, and that the court of county commission*445ers of Limestone county had no authority to levy a special tax for theh payment; that the power given by the act of the legislature to issue the bonds and to levy a tax for their payment was a special authority, which…
2Cases cited27 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Green v. BiddleSupreme Court of the United States · 1823
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
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3Cited by29 opinions
- Mobile v. WatsonSupreme Court of the United States · 1886
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
- State Auditor v. Jackson CountySupreme Court of Alabama · 1880
- State Ex Rel. Sherrill v. MilamSupreme Court of Florida · 1933
- Board of Revenue Shelby County v. Farson, Son & Co.Supreme Court of Alabama · 1916
24 more not listed; retrieve them via the Exa API.