Mayor of Mobile v. Dargan
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Tried before Hon. Adam C. Felder. The city authorities of Mobile, under section 58 of the charter, (Acts 1865-66, p. 223,) paved Royal street from St. Michael to St. Francis street, with Nicholson pavement.
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Appeal from Chancery Court of Mobile. Tried before Hon. Adam C. Felder. The city authorities of Mobile, under section 58 of the charter, (Acts 1865-66, p. 223,) paved Royal street from St. Michael to St. Francis street, with Nicholson pavement. The estate of Hearne owned two lots, fronting together sixty-four feet on Royal street, (the total front of all property on each side of the street being one hundred and seventy-two feet,) which bounded the lots on the east; and there was assessed against these two lots, as their pro rata share of the expense of the paving, according to the number of…
1Opinion of the CourtPeters, J.
The main allegations of the bill in this case are not denied, so far as the facts alleged therein are concerned. This leaves but a single question to be determined in order to settle the equities of this case. That question is this: was th & fifty-eighth section of the act to incorporate the city of Mobile in conformity to the constitution of this State, at this date, or not ? This law is entitled “ an act to incorporate the city of Mobile,” and was approved February 2, 1866. The section referred to is in these words : Sec. 58. Be it further enacted, That it shall be lawful for the mayor,…
2Cases cited11 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Morford v. UngerSupreme Court of Iowa · 1859
- Lessee of Livingston v. MooreSupreme Court of the United States · 1833
- Ryerson v. UtleyMichigan Supreme Court · 1868
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3Cited by14 opinions
- Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875
- Town of Macon v. PattyMississippi Supreme Court · 1879
- Mayor of Birmingham v. KleinSupreme Court of Alabama · 1889
- Warren v. BorawskiSupreme Court of Connecticut · 1944
- Board of Commissioners v. State ex rel. ShieldsIndiana Supreme Court · 1900
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