White v. Mayor of Decatur
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Tried before Hon. H. C. Speaks. The case is stated in the opinion. — To allow defendants to divert the funds, where the rights of a creditor are involved, impairs the obligation of the contract. The legislature could not authorize such diversion.— Fazende v. Gity of Houston, 34 Fed. Rep. 95; 1 Hill. Mun. Corp. 69, and authorities cited to note 1; G-oodale v. Fennell, 22 Am.
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Appeal from Morgan Circuit Court. Tried before Hon. H. C. Speaks. The case is stated in the opinion. — To allow defendants to divert the funds, where the rights of a creditor are involved, impairs the obligation of the contract. The legislature could not authorize such diversion.— Fazende v. Gity of Houston, 34 Fed. Rep. 95; 1 Hill. Mun. Corp. 69, and authorities cited to note 1; G-oodale v. Fennell, 22 Am. Rep. 321. It is the duty of the defendant to set apart a fund as directed. — F. St. Louis v. Zebler, 116 IT. S. 321; Mayor v. U. S. ex. rel., 49 Fed. Rep. 40; Baulieu v. Pleasant Hill, 14…
1Opinion of the CourtMcCLELLAN, J.
By an act approved February 24, 1887, the mayor and council of tlie town of Decatur were authorized to negotiate a loan of $50,000 for the purpose of draining, grading, macadamizing and improving the streets of the town, and to issue bonds for the payment of said loan. Section 3 of the act provides: “That to meet the interest and principal at maturity upon any or all of the bonds issued under the authority of this act, the said corporate authorities shall, and it is hereby made their duty to, set apart out of the general revenues of said town each year an amount as a.sinking fund to meet and…
2Cases cited6 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- East St. Louis & Treasurer of East St. Louis v. United States Ex Rel. ZebleySupreme Court of the United States · 1884
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
- Clay County v. McAleerSupreme Court of the United States · 1885
- Commonwealth ex rel. Price & Roberts v. Commissioners of PhiladelphiaSupreme Court of Pennsylvania · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Van Antwerp v. Board of Com'rsSupreme Court of Alabama · 1928
- Pettibone v. West Chicago Park CommissionersIllinois Supreme Court · 1905
- Rorick v. Board of Com'rs of Everglades Drainage Dist.District Court, N.D. Florida · 1932
23 more not listed; retrieve them via the Exa API.