City of Birmingham v. Emond

THOMAS, Justice.

The appeal is on the merits and petition or motion for writ of mandamus.

The judgment rendered by the trial court was under section 2210 of the Code, as amended by the act of 1927 (Acts 1927, pp. 753, 708, § 39) at the instance of a party in interest and not the city.

The judgment recited: “ * * * it appearing to the Court on the hearing of this cause on appeal, both from the pleading and proof before the Court, that the assessment involved in this appeal was not properly made by the Commission of the City of Birmingham, plaintiff in this case, in so far as it concerns that…