Commissioners Court Tuscaloosa Co. v. State ex rel. City of Tuscaloosa
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Mandamus by tbe State of Alabama on tbe relation of tbe city of Tuscaloosa against tbe Commissioners Court of Tuscaloosa county, to- require them to pay over to tbe Board of Commissioners of tbe city that sum of money wbicb is due tbe city from tbe general road and bridge tax collected by tbe county from tbe property within tbe municipality. From a judgment granting tbe mandamus respondents appeal.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Mandamus by tbe State of Alabama on tbe relation of tbe city of Tuscaloosa against tbe Commissioners Court of Tuscaloosa county, to- require them to pay over to tbe Board of Commissioners of tbe city that sum of money wbicb is due tbe city from tbe general road and bridge tax collected by tbe county from tbe property within tbe municipality. From a judgment granting tbe mandamus respondents appeal. Tbe Act of 1909, under wbicb tbe city is claiming tbe fund is violative of section 216, Constitution 1901. — So. Ry. v. State,…
1Opinion of the CourtAnderson, J.
In the case of Board of Revenue of Jefferson County v. City of Birmingham, 172 Ala. 139, 54 South. 759, the original opinion dealt with the “one-fourth of one per centum” tax provided for in subdivision “a” of section 215 of the Constitution of 1901 for public buildings, bridges, or roads, and which provides that this tax, when levied and collected, shall be applied exclusively to the purposes for which the same were so levied and collected. It was there held that this tax or any part thereof could not be turned over to mrmicipalities for the improvement of streets, for the reason that the…
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Davis v. BrownSupreme Court of the United States · 1877
- Gunzberg v. MillerMichigan Supreme Court · 1879
- Crowder v. Red Mountain Mining Co.Supreme Court of Alabama · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Irby v. Commercial Nat. BankSupreme Court of Alabama · 1920
- County of Montgomery v. City of MontgomerySupreme Court of Alabama · 1914
- Board of Revenue v. City of BirminghamSupreme Court of Alabama · 1921
- Jefferson County v. City of BirminghamSupreme Court of Alabama · 1946
8 more not listed; retrieve them via the Exa API.