Winter v. City Council of Montgomery
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jeke N. Williams. The bill in this case was filed by the appellant in the chancery court of Montgomery county, on the, 5th day of June, 1893, against the City Council of Montgomery, to restrain the collection of taxes on real estate of the complainant by said city.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jeke N. Williams. The bill in this case was filed by the appellant in the chancery court of Montgomery county, on the, 5th day of June, 1893, against the City Council of Montgomery, to restrain the collection of taxes on real estate of the complainant by said city. It alleges, that she is a married woman, and, prior to the year 1887, was the owner of real property in the city of Montgomery, which is described in the bill; that prior to the year 1887, said property was sold for taxes by the tax collector of Montgomery county,…
1Opinion of the CourtHaralson, J.
In the case of Ex parte Sayre, 95 Ala. 288, 12 So. Rep. 378, we-held that an appeal does not lie from an order of a chancellor made in vacation discharging an injunction. According to that ruling, this case is not before us on appeal from the order discharging the injunction.
The decree of the chancellor, however, not only discharges but dissolves the injunction which had been granted. Its language is, “Upon consideration thereof, * * it is now here ordered and decreed that the said injunction be and the same is hereby discharged, as having been allowed improperly and in an improper case, and…
2Cases cited8 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Jones v. RandleSupreme Court of Alabama · 1880
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Ex parte SayreSupreme Court of Alabama · 1891
- Thorington v. City Council of MontgomerySupreme Court of Alabama · 1889
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3Cited by10 opinions
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- Sheffield City Co. v. Tradesmans National BankSupreme Court of Alabama · 1901
- Griffin Lumber Co. v. NeillSupreme Court of Alabama · 1941
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