Legal Opinion
City of Birmingham v. Jones
Supreme Court of Alabama
Decided March 1, 1934No. 6 Div. 535PublishedCited by 2 opinions
1Opinion of the Court
THOMAS, Justice.
The suit is for taxes erroneously paid to the city. There was an agreed statement of facts.
The pleading was in short by consent and presented the statute of limitations. Sullivan v. North Pratt Coal Co., 205 Ala. 56, 87 So. 804.
The essential points in the case are: (1) Payment on July 7, 1931, of $50, of which $24.75 was handed over to the city a week or ten days thereafter; (2) sworn demand for return on April 20, 1932, by verified statement of appellee, made on the city clerk for the $24.75 ; (3) the sworn demand alleges that the payment was made by mistake, error, or double…
2Cases cited11 opinions
- Grambs v. City of BirminghamSupreme Court of Alabama · 1919
- Walker v. City of BirminghamSupreme Court of Alabama · 1927
- Union Central Life Ins. v. State Ex Rel. WhetstoneSupreme Court of Alabama · 1933
- Williams v. City of BirminghamSupreme Court of Alabama · 1929
- State v. Mortgage-Bond Co. of New YorkSupreme Court of Alabama · 1932
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3Cited by2 opinions
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Town of Linden v. American-LA France & Foamite Industries, Inc.Supreme Court of Alabama · 1936