City of Talladega v. Jackson- Tinney Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Talladega County; A. P. Agee, Judge. Bill by the Jackson-Tinney Lumber Company against the City of Talladega, and' the officials thereof. From a decree overruling demurrer to the bill, respondents appeal.
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Appeal from Circuit Court, Talladega County; A. P. Agee, Judge. Bill by the Jackson-Tinney Lumber Company against the City of Talladega, and' the officials thereof. From a decree overruling demurrer to the bill, respondents appeal. The substance and purpose of the bill of complaint are stated with substantial accuracy and fullness in the brief of counsel for appellee, as follows: Appellants prosecute this appeal from a decree of the circuit court of Talladega county, sitting in equity, overruling their several demurrers to appellee’s original bill, the sole purpose of which was to test the…
1Opinion of the Court
SOMERVILLE, X
[1] Section 1070 of the Code authorizes municipalities to extend their corporate limits, and section 1071 prescribes the procedure" for the execution of that design. The first step is the passage of—
“a resolution to the effect that the public health or public good requires that the territory, 'describing it, shall be brought within the limits of the city or town.”
The city council of Talladega passed such a resolution, but it is urged that it was ineffective, because it was not published in any newspaper, as required by section 1258 of the 'Code, in the case of “ordinances’ or…
2Cases cited6 opinions
- Leigh v. State ex rel. O'BannonSupreme Court of Alabama · 1881
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- Deal v. Houston CountySupreme Court of Alabama · 1918
- State ex rel. Sigsbee v. City of BirminghamSupreme Court of Alabama · 1910
- Green v. AdamsSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Van Antwerp v. Board of Com'rsSupreme Court of Alabama · 1928
- Mitchell v. StateCourt of Civil Appeals of Alabama · 1977
- Howell & Graves, Inc. v. CurrySupreme Court of Alabama · 1941
- Peebles v. Mooresville Town CouncilSupreme Court of Alabama · 2007
- Anders v. StateSupreme Court of Alabama · 1951
6 more not listed; retrieve them via the Exa API.