Town of Brewton v. Spira
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. Jesse M. Carmichael. This was a suit brought by the appellee, A. H. Spira, against the town of Brewton, to recover an amount alleged to be due upon two interest coupons of municipal bonds, alleged to have been issued by the defendant. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Escambia. Tried before the Hon. Jesse M. Carmichael. This was a suit brought by the appellee, A. H. Spira, against the town of Brewton, to recover an amount alleged to be due upon two interest coupons of municipal bonds, alleged to have been issued by the defendant. The facts of the case are sufficiently stated in the opinion. Upon the hearing of all the evidence, the court at the request of the plaintiff gave the general affirmative charge in his favor, and to the giving of this charge the defendant duly excepted. There were several exceptions reserved to the…
1Opinion of the CourtColeman, J.
— The action was to recover the amount of two interest coupons, upon the municipal bonds of the appellant. The defense was ultra vires. The town of -Brewton was authorized to issue bonds by legislative enactment. The first four sections of the act, which we deem material, .read as follows :
“An Act
“To authorize the mayor and councilmen of Brewton to issue bonds of said city for an amount not exceeding twenty-five thousand dollars for the purpose of putting in *233a system, of water works and making other permanent improvements in said city.
“Section 1. Be it enacted by the General Assembly of…
2Cases cited7 opinions
- Zabriskie v. Cleveland, Columbus, & Cincinnati RailroadSupreme Court of the United States · 1860
- Supervisors v. SchenckSupreme Court of the United States · 1867
- Hackett v. OttawaSupreme Court of the United States · 1879
- Sherman County v. SimonsSupreme Court of the United States · 1884
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City Bank & Trust Co. v. LeonardSupreme Court of Alabama · 1910
- Sullivan Timber Co. v. City of MobileU.S. Circuit Court for the District of Southern Alabama · 1901
- Town of Brewton v. GlassSupreme Court of Alabama · 1897
- Brown-Crummer Inv. Co. of Wichita v. City of FloralaDistrict Court, M.D. Alabama · 1931
- Mayor of Decatur v. WhiteSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.