J. B. McCrary Co. v. Brunson
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Petition by the J. B. McCrary Company for mandamus to require J. C. Brunson, Máyor, and others as the municipal authorities of the Town of Samson, to levy an annual budget sufficient to care for the bonds and interest due petitioner. From a decree sustaining demurrers to the petition, petitioner appeals. The facts sufficiently appear from the opinion of the court.
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Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Petition by the J. B. McCrary Company for mandamus to require J. C. Brunson, Máyor, and others as the municipal authorities of the Town of Samson, to levy an annual budget sufficient to care for the bonds and interest due petitioner. From a decree sustaining demurrers to the petition, petitioner appeals. The facts sufficiently appear from the opinion of the court. The indebtedness was properly settled and adjusted. Section 1436, Code 1907. The court improperly sustained the demurrers. Section 216, Const. 1901; 197 Ala. 375, 72…
1Opinion of the CourtSaxre, J.
This was an application to the circuit court for a writ of mandamus to the mayor and aldermen of the town of Samson commanding them to levy a special tax and to include in the annual appropriation ordinance the amount of the principal and; interest of a bond issued by the town and past due and unpaid. Demurrer was sustained in the trial court, whereupon, petitioner, declining to plead further, the petition was dismissed. Relator appeals.
[1-3] One ground of the demurrer was that it did not appear from the petition that the validity of relator’s claim had been established by the judgment or…
2Cases cited8 opinions
- Bath County v. AmySupreme Court of the United States · 1872
- County of Greene v. DanielSupreme Court of the United States · 1880
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- White v. Mayor of DecaturSupreme Court of Alabama · 1898
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