City of Bessemer v. Southern Ry. Co
Supreme Court of Alabama
Appeal -from Bessemer City Court. Heard before Hon. William Jackson. Action by the City of Bessemer against the Southern Railway Company for the collection of taxes. From a judgment for defendant, plaintiff appeals. The court erred in sustaining demurrers to the original complaint. — City of Bessemer v. Term. G. (J. I. cG R. R. Go., 131 Ala. 138; Golthioaite v. Montgomery, 50 Ala. 486; N. G. cG St. L. Ry. v. Ala.
Read the full summary
Appeal -from Bessemer City Court. Heard before Hon. William Jackson. Action by the City of Bessemer against the Southern Railway Company for the collection of taxes. From a judgment for defendant, plaintiff appeals. The court erred in sustaining demurrers to the original complaint. — City of Bessemer v. Term. G. (J. I. cG R. R. Go., 131 Ala. 138; Golthioaite v. Montgomery, 50 Ala. 486; N. G. cG St. L. Ry. v. Ala. City, 134 Ala. 413. The complaint fixes the situs within the. city limit. — N. D. Go. v. The State, 99 Ala. 462; Trammel: v. Cornier, 91 Ala. 398. The complaint was not subject to…
1Opinion of the CourtSimpson, J.
— This action is by the appellant against the appellee; the complaint originally being for the recovery of a certain amount claimed to he due for municipal taxes on the rolling stock of the defendant for the years 1901, 1902, 1903, and 1904. Demurrers were *430sustained to the complaint, .and the plaintiff then amended the complaint by adding counts 2, 3, 4, and 5, simply claiming for “taxes assessed against it for years 1901, 1902, 1903, 1904, and 1905,” or due by account for assessment, etc. Demurrers were again interposed to the amended complaint, which were overruled. The plea of the statute…
2Cases cited8 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- Pullman's Palace Car Co. v. PennsylvaniaSupreme Court of the United States · 1891
- Marye, Auditor v. Baltimore & O. R. Co. 1Supreme Court of the United States · 1888
- Columbus Southern Railway Co. v. WrightSupreme Court of the United States · 1894
- Mayor of Mobile v. BaldwinSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Greyhound Lines, Inc. v. Board of EqualizationTexas Supreme Court · 1967
- Russell v. BushSupreme Court of Alabama · 1916
- Lewis & Holmes Motor Freight Corp. v. City of AtlantaSupreme Court of Georgia · 1943
- Tennessee Coal, Iron & R. v. Board of EducationCourt of Appeals for the Fifth Circuit · 1935