Moses v. Mayor of Mobile
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before Hon. Adam C. Feldek. This was a bill in equity filed on the 17th day of August, 1871, by appellants, against the mayor, aldermen, and common council of Mobile; Martin Plorst, mayor, R. M. Quinn, chief of police, and M. Phillips and Kassens, assistant chiefs of police, praying that the defendants be perpetually enjoined and restrained from interfering with or disturbing complainants in the enjoyment of the franchise and…
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Appeal from the Chancery Court of Mobile. Heard before Hon. Adam C. Feldek. This was a bill in equity filed on the 17th day of August, 1871, by appellants, against the mayor, aldermen, and common council of Mobile; Martin Plorst, mayor, R. M. Quinn, chief of police, and M. Phillips and Kassens, assistant chiefs of police, praying that the defendants be perpetually enjoined and restrained from interfering with or disturbing complainants in the enjoyment of the franchise and privileges which enured to them, or in carrying on the business which complainants alleged they were entitled to…
1Opinion of the CourtBrickell, C. J.
The object of these bills is to obtain injunctions restraining the appellees, who are municipal officers of the city of Mobile, from prosecuting suits against the *207appellants, or their agents, for violations of the ordinances of the city.
It cannot be denied that it is competent for the general assembly to delegate to municipal corporations the power to make by-laws and ordinances, which, when authorized, have the force, as to persons bound thereby, of laws passed by the general assembly. Dillon on Mun. Cor. § 245, Intendant of Marion v. Chandler, 6 Ala. 899; Mayor of Mobile v. Rouse, 8 Ala.…
2Cases cited14 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- Mayor v. AllaireSupreme Court of Alabama · 1848
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
9 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
- Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
36 more not listed; retrieve them via the Exa API.