Stein v. Mayor of Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The facts of this case may be thus stated,: The Mayor, Aldermen and Common Council of Mobile, being entitled to certain water privileges under and by virtue of an act of the Legislature, on the 20th day of December 1S40 granted to the plaintiff in error the sole right to supply the city of Mobile with water, at certain prescribed rates of compensation, from the Three Mile Creek, for twenty years, and…
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. The facts of this case may be thus stated,: The Mayor, Aldermen and Common Council of Mobile, being entitled to certain water privileges under and by virtue of an act of the Legislature, on the 20th day of December 1S40 granted to the plaintiff in error the sole right to supply the city of Mobile with water, at certain prescribed rates of compensation, from the Three Mile Creek, for twenty years, and covenanted to him the quiet enjoyment of the water-works that he should erect, during their erection and after their…
1Opinion of the CourtDargan, C. J.
It is contended by the plaintiff in error, that by the contract between him and the corporate authorities of the city of Mobile, the water-works are exempt from the payment of city taxes. If this be so, the contract must show that it was the intention of the defendants in error to abandon and give up the right to tax this property, for the right of taxation is essential to the existence of all governments, as well that of a city with limited powers as any other, and it is never to be presumed that this right is abandoned or surrendered unless it clearly appears that such was the intention.…
2Cases cited1 opinion
- Providence Bank v. BillingsSupreme Court of the United States · 1830
3Cited by19 opinions
- Roehm v. County of OrangeCalifornia Supreme Court · 1948
- Michael Todd Co. v. County of Los AngelesCalifornia Supreme Court · 1962
- Ex parte Selma & Gulf RailroadSupreme Court of Alabama · 1871
- Anniston City Land Co. v. StateSupreme Court of Alabama · 1909
- Stein v. Mayor of MobileSupreme Court of Alabama · 1854
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