City of Gadsden v. American Nat. Bank

The suit was for injunction to prevent the collection of city taxes alleged to he illegally assessed (under authority of section 3095 of-the Code), and the fact of illegality is set up by extraneous facts that are averred.

The trial court overruled demurrers to the bill and granted the temporary injunction conditioned upon the giving of the bond prescribed by the decree. The ruling on demurrer presents the appeal of the city of Gadsden.

In a case where there is the right of injunction to preserve the statu quo, or protect from irremedial injury, etc., injunction pendente lite may issue on…