Mayor of Birmingham v. Birmingham Water Works Co.
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried.before the Hon. Citas. A. Senn. This was an action brought by the appellee, the Birmingham Water Works Company, against the mayor and aldermen of Birmingham, to recover five hundred dollars paid under protest by the plaintiff as a license tax. The facts of the case are sufficiently stated in the opinion.
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Appeal from tbe City Court of Birmingham. Tried.before the Hon. Citas. A. Senn. This was an action brought by the appellee, the Birmingham Water Works Company, against the mayor and aldermen of Birmingham, to recover five hundred dollars paid under protest by the plaintiff as a license tax. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury upon an agreed statement of facts, and the court rendered judgment in favor of the plaintiff. From this judgment the defendant appeals, and assigns the rendition thereof as…
1Opinion of the Court
DOWDELL, J. —
This appeal is taken from the judgment of the city court rendered on an agreed statement of facts, which is set out in the hill of exceptions. The appellee sued the appellant to recover back $500 which it had paid the appellant, under protest, as a license tax — the license tax imposed being $1,000 — the half of which the appellee admitted the appellant had the right to impose and collect, and which it paid without protest; but the other half the appellee contended appellant had no right to exact under the terms of the contract into which it had entered with appellee, and was…
2Cases cited3 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- Bills v. City of GoshenIndiana Supreme Court · 1889
- Stein v. Mayor of MobileSupreme Court of Alabama · 1873
3Cited by12 opinions
- Alabama Power Co. v. City of Carbon HillSupreme Court of Alabama · 1937
- City of Leeds v. Town of MoodySupreme Court of Alabama · 1975
- City of Bessemer v. Bessemer City Water WorksSupreme Court of Alabama · 1907
- City of Montgomery v. Montgomery City Lines, Inc.Supreme Court of Alabama · 1949
- Birmingham Waterworks Co. v. City of BirminghamDistrict Court, N.D. Alabama · 1913
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