Douglass v. City Council
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The appellant, James Douglass, a resident citizen and tax-payer of Montgomery, Alabama, filed the present bill to have declared null and void two ordinances adopted by city council of Montgomery, one granting to the Belt Line Railway Co. the right to lay a railroad track across “Gilmer Park,” and the other granting said park to the Alabama Midland Railway Co., and to enjoin said companies…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The appellant, James Douglass, a resident citizen and tax-payer of Montgomery, Alabama, filed the present bill to have declared null and void two ordinances adopted by city council of Montgomery, one granting to the Belt Line Railway Co. the right to lay a railroad track across “Gilmer Park,” and the other granting said park to the Alabama Midland Railway Co., and to enjoin said companies from exercising the rights thereby sought to be conferred. Complainant claimed the right to maintain his bill because (1)…
1Opinion of the CourtHaralson, J.
It is stated in 15 Am. & Eng. Encyc. of Law, 1064, that “Municipal corporations hold the title to streets, alleys, public squares, wharves, etc., in trust for the public; and upon principle, such trust property can no more be disposed of by the corporation .than can any other trust property held by an individual.” In the note to the text, many decisions are cited in support of the principle stated. So, it has been held, that trustees of a town ’have no authority to convey streets, alleys or public grounds, and such conveyances are absolutely void. — Giltner v. Trustees of Carrollton, 7 B.…
2Cases cited9 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Mayor of Macon v. FranklinSupreme Court of Georgia · 1852
- City of Alton v. Illinois Transportation Co.Illinois Supreme Court · 1850
- Carter v. City of PortlandOregon Supreme Court · 1873
- City of Quincy v. JonesIllinois Supreme Court · 1875
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3Cited by35 opinions
- Reichelderfer v. QuinnSupreme Court of the United States · 1932
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Gewirtz v. City of Long BeachNew York Supreme Court · 1972
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
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