Cleveland School Furniture Co. v. City of Greenville
Supreme Court of Alabama
Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Action by the Cleveland School Furniture Company against the city of Greenville.
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Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Action by the Cleveland School Furniture Company against the city of Greenville. This was an action on a promissorw note for the sum of $790, executed by defendant on the 10th day of July, 1896, due and payable five years after date, -with interest payable annually from the 7th day of January, 1895. The pleas were the general issue and, first, want of consideration ; ultra vires; that the debt was of one Perdue, and not of the city; that it was for school furniture furnished the school district of the city of Greenville,…
1Opinion of the CourtAnderson, J.
“It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the *563declared objects and purposes of the corporation, not simply convenient, but indispensable.” — New Decatur v. Berry, 90 Ala. 432, 7 South. 838, 24 Am. St. Rep. 827; 1 Dillon on Munic. Corp. § 89; Smith v. Newbern, 70 N. C. 14, 16 Am. Rep. 766; Cook County v. McCrea, 93 Ill. 236; Wetumpka v.…
2Cases cited11 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Police Jury v. BrittonSupreme Court of the United States · 1873
- City of Eufaula v. McNabSupreme Court of Alabama · 1880
- Garland v. Board of RevenueSupreme Court of Alabama · 1888
- Smith v. City of NewbernSupreme Court of North Carolina · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- City of Asheville v. HerbertSupreme Court of North Carolina · 1925
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917
- Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
- Colvin v. WardSupreme Court of Alabama · 1914
- Stokes v. City of MontgomerySupreme Court of Alabama · 1919
12 more not listed; retrieve them via the Exa API.