Mayor of Birmingham v. Klein
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The corporate authorities of the city of Birmingham, in September, 1889, made certain improvements on the sidewalks of several streets, curbing, graveling, &c.; acting under authority supposed to be conferred by the special statute approved February 16th, 1885. — Sess.
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Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The corporate authorities of the city of Birmingham, in September, 1889, made certain improvements on the sidewalks of several streets, curbing, graveling, &c.; acting under authority supposed to be conferred by the special statute approved February 16th, 1885. — Sess. Acts. 1884-5, pp. 620-22. The appellee, John Klein, was the owner of two lots abutting on one of the side-walks on which these improvements were made, the costs of the improvements in front of his property amounting to $84.70; and he was thereupon…
1Opinion of the CourtMcCLELLAN,J.
This appeal involves the constitutionality of an act “to authorize and empower the mayor and aldermen of Birmingham to improve the side-walks of the city of Birmingham, Alabama, at the cost of parties whose property abuts such side-walks,” approved February 16th, 1885.- — Bess. Acts 1884-5, pp. 620-622. Those sections of the act which are necessary to an understanding of the point under consideration, are the following:
“Section 1. Be it enacted by the General Assembly of Alabama, That the mayor and aldermen of Birmingham shall have full power and authority to cause and procure all side-walks…
2Cases cited29 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Motz v. City of DetroitMichigan Supreme Court · 1869
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- Hill v. HigdonOhio Supreme Court · 1855
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3Cited by36 opinions
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