City of Birmingham v. Wills
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Pearce. Bill by E. D. Wills and others against the City of Birmingham to enjoin the city from enforcing the collection of an assessment for public improvement, and to cancel the lien as cloud on title. From a decree granting relief respondent appeals. There is no equity in the bill. — McCullough v. Maryland, 4 Wheat. 316; Coley’s Const.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Pearce. Bill by E. D. Wills and others against the City of Birmingham to enjoin the city from enforcing the collection of an assessment for public improvement, and to cancel the lien as cloud on title. From a decree granting relief respondent appeals. There is no equity in the bill. — McCullough v. Maryland, 4 Wheat. 316; Coley’s Const. Lim. 587-8; Page & Jones on Taxation, sec. 918; sec. 1381, Code 1907. In the absence of an averment of want of notice and other acts, the law will presume notice and a compliance with the statutory…
1Opinion of the CourtSayre, J.
The bill in this case was filed for the purpose of preventing by injunction the enforcement of an assessment for local improvement. The proceeding for the assessment was begun by the city of Graymont. Pending the improvement, that city became incorporated into the city of Birmingham which thereby succeeded to all its powers, rights, and liabilities, and thereupon carried the work to completion. In his bill complainant avers that the. proceedings, by which the defendant and its predecessor, the city of Graymont, sought to fasten a lien upon his property, failed to folIoav the statute made for…
2Cases cited25 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Hellman v. ShoultersCalifornia Supreme Court · 1896
- Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Hancock v. Diamond Plate Glass Co.Indiana Supreme Court · 1904
20 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Jones v. City of HuntsvilleSupreme Court of Alabama · 1972
- City of Huntsville v. GudenrathSupreme Court of Alabama · 1915
- Vernon v. StateSupreme Court of Alabama · 1941
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1929
- City of Huntsville v. PulleySupreme Court of Alabama · 1914
57 more not listed; retrieve them via the Exa API.