Rutherford v. City of Nashville

Mr. Special Justice Edward J. Smith

delivered the opinion of the Court.

The bill, which was filed by Rutherford as a taxpayer and resident of the city of Nashville on behalf of himself and other taxpayers, who, it was alleged, pay taxes the proceeds of which go into the general fund of the City, sought to enjoin a diversion of such funds for the purpose of putting into effect Ordinance 903, the validity of which was challenged on eleven grounds.

A temporary injunction was prayed and granted, restraining the city from arresting citizens or assessing fines for failure to have a driver’s license…