Horton v. Mobile School Commissioners
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. This was an appeal by Gustavus Horton, judge of probate, from an order of the circuit court of Mobile, granting a peremptory mandamus, commanding him to pay over the sum of $6,095 02 of taxes, in his hands, to the Mobile school commissioners, for school purposes.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. This was an appeal by Gustavus Horton, judge of probate, from an order of the circuit court of Mobile, granting a peremptory mandamus, commanding him to pay over the sum of $6,095 02 of taxes, in his hands, to the Mobile school commissioners, for school purposes. The other facts of the case appear in the opinion. 1. The principal point in this case is as follows, to-wit: Does the act of January 10, 1854, and of February 15,1856, and the ordinance of the convention of November 30, 1867, entitle the school…
1Opinion of the CourtPetees, J.
By an act, entitled “ An act to regulate the system of public schools in the county of Mobile,” approved on the 16th day of January, 1854, the board of Mobile school commissioners, a corporate body then organized and existing in the county of Mobile, in this State, were clothed with “ power and authority to establish and regulate a system of public schools in said county, and to devise and put in force, and execute such plans for the increase of knowledge, educating youth, and promoting the cause of learning in said county, as to them may appear expedient.” In order to effect these high…
2Cases cited6 opinions
- Williams v. PotterNew York Supreme Court · 1848
- Milne v. HuberU.S. Circuit Court for the District of Ohio · 1843
- People ex rel. Anderson v. DurickCalifornia Supreme Court · 1862
- Cole v. Board of SupervisorsSupreme Court of Iowa · 1861
- Clark v. Mobile School CommissionersSupreme Court of Alabama · 1860
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3Cited by17 opinions
- Cook v. Port of PortlandOregon Supreme Court · 1891
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Ex parte Selma & Gulf RailroadSupreme Court of Alabama · 1871
- Choctaw, Oklahoma & Gulf R. R. Co. v. AlexanderSupreme Court of Oklahoma · 1898
- City of Louisville v. BabbCourt of Appeals for the Seventh Circuit · 1935
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