Town of Tallassee v. State Ex Rel. Brunson
Supreme Court of Alabama
Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge. Action in the nature of quo warranto by the state of Alabama on the relation of T. W. Brunson and others, citizens, etc., against the Town of Tallassee and others, to annul the incorporation of the town and to oust its municipal government. From a decree granting the relief prayed, respondents appeal.
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Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge. Action in the nature of quo warranto by the state of Alabama on the relation of T. W. Brunson and others, citizens, etc., against the Town of Tallassee and others, to annul the incorporation of the town and to oust its municipal government. From a decree granting the relief prayed, respondents appeal. The following portion of the statement of the case, in quotation, is taken from brief of counsel for 'appellant, the correctness of which is not questioned by opposing counsel: “This is an action in the nature of quo warranto by…
1Opinion of the CourtGardner, J.
This is an action in the nature of a quo warranto against the municipality of Tallassee and the individuals acting as its mayor and aldermen, for the purpose of dissolving it as a corporate entity and ousting the individual respondents from the exercise of the powers of their office.
The principal grounds of attack as to the validity of the incorporation proceedings rest upon the insufficiency of the description of the property to be embraced as a part of the municipality in the petition filed before the probate judge. The cases of Foshee v. Kay et al., 197 Ala. 157, 72 South. 391; State ex…
2Cases cited19 opinions
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- Painter v. PainterOhio Supreme Court · 1849
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- People ex rel. Bryant v. HolladayCalifornia Supreme Court · 1892
- State ex rel. Knox v. DillardSupreme Court of Alabama · 1916
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3Cited by13 opinions
- Richards v. Jefferson CountySupreme Court of the United States · 1996
- Brooks v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1926
- Crowson v. CodySupreme Court of Alabama · 1926
- Howard-Sevier Road Improvement District No. 1 v. HuntSupreme Court of Arkansas · 1924
- Cooper v. HawkinsSupreme Court of Alabama · 1937
8 more not listed; retrieve them via the Exa API.