Winter v. City Council
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 22d February, 1882, by the City Council of Montgomery, a municipal corporation, against Joseph S. Winter and his wife, Mrs. Mary E. Winter; and sought to subject certain real estate in the city of Montgomery, which was alleged to be held by Mrs. Winter “as her separate estate,” to the payment of municipal taxes assessed against it from the year 1873 to…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 22d February, 1882, by the City Council of Montgomery, a municipal corporation, against Joseph S. Winter and his wife, Mrs. Mary E. Winter; and sought to subject certain real estate in the city of Montgomery, which was alleged to be held by Mrs. Winter “as her separate estate,” to the payment of municipal taxes assessed against it from the year 1873 to 1881, inclusive. The transcript filed in this court has never come to the hands of the reporter, and he has used the…
1Opinion of the CourtSomerville, J.
The bill is filed by the City Council of Montgomery, as a municipal corporation, to enforce the payment of back taxes, due for nine consecutive years, and assessed against the real property belonging to a married woman. A demurrer was filed, in which many causes were assigned, and among others the objection, that the complainant’s remedy, was at law, and not in a court of equity, which had no jurisdiction, as was urged, to enforce a tax lien. This demurrer was not, however, insisted on, nor ruled on by the court, but was waived by a mutual agreement of the parties litigant, by which it was…
2Cases cited14 opinions
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
- Perry County v. Selma, Marion & Memphis RailroadSupreme Court of Alabama · 1877
- MEREDITH v. United StatesSupreme Court of the United States · 1839
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
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3Cited by15 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
- Wood v. WoodSupreme Court of Alabama · 1898
- City of Anniston v. Southern Railway Co.Supreme Court of Alabama · 1896
- Jefferson County v. Gulf Refining Co.Supreme Court of Alabama · 1919
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