Commissioners Court of Calhoun Co. v. City of Anniston
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Petition by the city of Anniston for mandamus di rected to the Commissioners Court of Calhoun County, requiring the said court to pay over to the city its pro rata of the road tax for certain years mentioned in the petition. From a judgment granting the mandamus, respondents appeal.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Petition by the city of Anniston for mandamus di rected to the Commissioners Court of Calhoun County, requiring the said court to pay over to the city its pro rata of the road tax for certain years mentioned in the petition. From a judgment granting the mandamus, respondents appeal. By the very terms of the petition it is shown that the court made the levy under subdivision A, sec. 215, Constitution 1901, and sections 138 and 3335, Code 19Q7, and if so, this case is governed by the case of Commissioners Court of Pike…
1Opinion of the CourtDowdell, C. J.
This appeal is taken from the judgment of the city court of Anniston on the petition of appellee, awarding a peremptory writ of mandamus to issue requiring the commissioners’ court of Calhoun county to pay over to the city of Anniston a pro rata of the road tax levied and collected by the commissioners’ court for certain years mentioned in the petition. Motion was made to strike the petition, and de*607murrer interposed, Avhich motion and demurrer Avere overruled by the court; and the cause Avas then heard on the facts and a judgment rendered in faAror of the petitioner.
There are three…
2Cases cited1 opinion
- Board of Revenue of Jefferson Co. v. State ex rel. City of BirminghamSupreme Court of Alabama · 1910
3Cited by9 opinions
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Commissioners Court Tuscaloosa Co. v. State ex rel. City of TuscaloosaSupreme Court of Alabama · 1913
- County of Montgomery v. City of MontgomerySupreme Court of Alabama · 1914
- Board of Revenue v. City of BirminghamSupreme Court of Alabama · 1921
- Jefferson County v. City of BirminghamSupreme Court of Alabama · 1946
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