Jefferson County v. City of Birmingham

This appeal is from a decree of the circuit court sitting in equity overruling the defendants’ demurrer to the bill as last amended and was submitted here with leave to appellants to sever in the assignments of error. Bowden et al. v. Turner, 247 Ala. 352, 24 So.2d 429; Stacey et al. v. Taliaferro et al., 224 Ala. 488, 140 So. 748.

The bill is by the City of Birmingham, a municipal corporation against the County of Jefferson, the members of its county commission and the county treasurer, and sought to restrain and enjoin the defendants (appellants here) from using $95,890.-70 in the county…