Pierce v. City of Huntsville
Supreme Court of Alabama
Appeal from Madison Law and Equity Court. Heard before Hon. James H. Ballentine. Certiorari by Nannie H. Pierce to bring up for review the record and proceedings instituted by the city of Huntsville against petitioner for an assessment against her property for street improvement. From an order quashing the writ, petitioner appeals.
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Appeal from Madison Law and Equity Court. Heard before Hon. James H. Ballentine. Certiorari by Nannie H. Pierce to bring up for review the record and proceedings instituted by the city of Huntsville against petitioner for an assessment against her property for street improvement. From an order quashing the writ, petitioner appeals. The court below decided, this case upon the authority of City of Birmingham v. Wills, 59 South. 173, and Garner v. City of Anniston, 59 South. 654. Assuming that these cases assert good law, they are distinguishable from the case at bar and certainly not decisive…
1Opinion of the CourtSayre, J.
By the common-law writ of certiorari appellant sought to have the Madison law and equity court review and quash a proceeding assessing the cost of an attingent street improvement against her property. On the hearing the writ was quashed, after which this appeal was taken.
*494The theory of the writ of certiorari in such cases is that the proceeding for the assessment appears upon the face of its record to be without the power and jurisdiction of the municipal authorities acting in the premises, and so null and of no effect.
After a certified copy of the record of the proceeding of the city council…
2Cases cited4 opinions
- Vogel v. GruazSupreme Court of the United States · 1884
- Hibben v. SmithSupreme Court of the United States · 1903
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- Garner v. City of AnnistonSupreme Court of Alabama · 1912
3Cited by25 opinions
- Newberry v. City of AndalusiaSupreme Court of Alabama · 1952
- City of Huntsville v. PulleySupreme Court of Alabama · 1914
- Nashville, C. & St. L. Ry. Co. v. Town of BoazSupreme Court of Alabama · 1933
- Hood v. City of BessemerSupreme Court of Alabama · 1925
- Van Antwerp v. Board of Com'rsSupreme Court of Alabama · 1928
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