Strenna v. City Council
Supreme Court of Alabama
Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 30th November, 1888, by Matthew Strenna, against the corporate authorities of the city of Montgomery; and .sought to enjoin the sale of a store-house and lot in said city, under a decree rendered by the City Recorder, in enforcement of a lien for the costs of a concrete pavement, which tbe municipal authorities had laid in front of the property.
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Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 30th November, 1888, by Matthew Strenna, against the corporate authorities of the city of Montgomery; and .sought to enjoin the sale of a store-house and lot in said city, under a decree rendered by the City Recorder, in enforcement of a lien for the costs of a concrete pavement, which tbe municipal authorities had laid in front of the property. On final hearing, on pleadings and proof, the chancellor dismissed the bill; and his decree is here assigned as error.
1Opinion of the CourtStone, C. J.
Following a very strong array of authorities, it has long been settled in this State that equity will not interfere, by injunction, with the collection of taxes, unless, in addition to illegality, hardship or irregularity, the case is brought within some one or more of the recognized heads of equity jurisdiction; and in no case will it interfere for mere errors or excess of valuation, hardship, or injustice of the law, or which can be redressed in a law forum. — Ala. Gold Life Ins. Co. v. Lott, 54 Ala. 499. Illegality of the tax, of itself, furnishes no ground for equitable interference.…
2Cases cited15 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Alabama Gold Life Insurance v. LottSupreme Court of Alabama · 1875
- Susquehanna Bank v. . Supervisors of Broome CountyNew York Court of Appeals · 1862
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3Cited by3 opinions
- City of Albany v. SpraginsSupreme Court of Alabama · 1926
- Mayor of Albertville v. RainsSupreme Court of Alabama · 1894
- City of Gadsden v. American Nat. BankSupreme Court of Alabama · 1932