Town of New Decatur v. American Telephone & Telegraph Co.
Supreme Court of Alabama
Appeal from Morgan Law ancl Equity Court. Heard before Hon. Thomas W. Welt. Bill by the American Telephone & Telegraph Company against the Town of New Decatur. From a decree overruling demurrers to the bill, defendant appeals.
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Appeal from Morgan Law ancl Equity Court. Heard before Hon. Thomas W. Welt. Bill by the American Telephone & Telegraph Company against the Town of New Decatur. From a decree overruling demurrers to the bill, defendant appeals. The case made by the bill is that on the 7th day of June, 1898, the board of aldermen of the town of New Decatur passed an ordinance, which is set out in the bill, Avhich in effect grants to the American Telephone & Telegraph Company, a New York corporation, the right to construct, operate, and maintain telephone and telegraph lines, including the necessary poles,…
1Dissent
MAYFIELD, J.—
(dissenting.) — The effect of the ordinances of the city complained of in this bill, and which this decision decrees to be valid, is to take from this complainant, the appellee here, several miles of telegraph and telephone lines, upon which for several years it has been collecting tolls as a public service corporation, and to destroy several thousand dollars’ worth of its property. It is not pretended that this is done by reason for any forfeiture, or of any wrong done to or suffered by the appellant; but, if it were, surely it would require at least some kind of judicial…
2Cases cited47 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Fletcher v. PeckSupreme Court of the United States · 1810
- Ogden v. SaundersSupreme Court of the United States · 1827
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Sinking-Fund CasesSupreme Court of the United States · 1879
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