Mayor of Anniston v. Hurt
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. John Pelham. The proceedings in this case were had upon a petition filed by the appellee, J. W. Hurt, as admnistrator of fhe estate of Sarah J. Hurt, deceased, addressed to the judge of the Seventh Judicial Circuit, holding court for the county of Calhoun. The averments of the petition are sufficiently shoAvn in the opinion.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. John Pelham. The proceedings in this case were had upon a petition filed by the appellee, J. W. Hurt, as admnistrator of fhe estate of Sarah J. Hurt, deceased, addressed to the judge of the Seventh Judicial Circuit, holding court for the county of Calhoun. The averments of the petition are sufficiently shoAvn in the opinion. The prayer of the petition was that a writ of mandamus he issued, directed to the mayor and city council of Anniston, commanding them forthwith to set aside a sufficient amount of the surplus revenue of the…
1Opinion of the CourtHaralson, J.
The petition in this case recites that Sarah J. Hurt in her lifetime, on the 9th of May, 1901, recovered a judgment against the city of Anniston, for the sum of $600.00 as damages for personal injuries received by her by reason of the negligence of the agents of the city, besides for $150.25 costs of suit. No appeal was taken from said judgment, and it stands unreversed and of force. Executions in her favor duly issued on said judgment and were returned unsatisfied.
It is shown, that on the 12th of July, 1902, the said Sarah J. Hurt filed in the circuit court of Calhoun county a petition for a…
2Cases cited1 opinion
- White v. Mayor of DecaturSupreme Court of Alabama · 1898
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- St. Paul Fire & Marine Ins. Co. v. NowlinSupreme Court of Alabama · 1989
- State Ex Rel. Emerson v. City of Mound CitySupreme Court of Missouri · 1934
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