Legal Opinion

Mobile School Comm'rs v. Putnam

Supreme Court of Alabama

Decided June 15, 1870PublishedCited by 9 opinions

Appeal from the Chancery Court of Mobile. Heard before Hon. A. C. Felder. This was a bill in equity exhibited in the chancery court of Mobile, by W. G. Clark and other persons claiming to be “ the Mobile school commissioners,” a corporation created and recognized by the laws of Alabama, against G. L. Putnam, N. B. Cloud, superintendent of public instruction, R. M. Reynolds, State auditor, and Arthur Bingham, State treasurer, praying for an injunction to prevent the payment…

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Appeal from the Chancery Court of Mobile. Heard before Hon. A. C. Felder. This was a bill in equity exhibited in the chancery court of Mobile, by W. G. Clark and other persons claiming to be “ the Mobile school commissioners,” a corporation created and recognized by the laws of Alabama, against G. L. Putnam, N. B. Cloud, superintendent of public instruction, R. M. Reynolds, State auditor, and Arthur Bingham, State treasurer, praying for an injunction to prevent the payment to the defendant Putnam of certain moneys in the State treasury, which they allege are properly payable to them as such…

1Opinion of the CourtPeck, C. J.

This case comes here on an appeal from a decretal order of the chancellor, dissolving an injunction heretofore granted, on the filing of the bill of complaint in this behalf.

Section 3489 of the Eevised Code enacts,¡that such eases must be heard and determined at the first term of the court after such an appeal is taken.

The argument has just closed on this, the last day of the term,* leaving but little time to consider and determine a question of so much gravity and importance.

From the best reflection we have, in so short a time, been able to give to it, we hold — 1st, that “ the Mobile school…

2Cases cited3 opinions

  1. Commissioners' Court v. ThompsonSupreme Court of Alabama · 1851
  2. Molett v. KeenanSupreme Court of Alabama · 1853
  3. Alabama & Florida Railroad v. KenneySupreme Court of Alabama · 1864

3Cited by9 opinions

  1. Ritchmount Partnership v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1978
  2. Brown v. BOARD OF SCH. COM'RS OF MOBILE CTY., ALA.District Court, S.D. Alabama · 1982
  3. Keith v. Funding BoardTennessee Supreme Court · 1912
  4. Southern Railway Co. v. St Clair Co.Supreme Court of Alabama · 1899
  5. Hartley v. MatthewsSupreme Court of Alabama · 1892

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