City of Montgomery v. Orpheum Taxi Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by the Orpheum Taxi Company against the City of Montgomery and the City Commissioners to enjoin the enforcement of the taxicab ordinance.^ There was judgment for complainant, and respondents appeal.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by the Orpheum Taxi Company against the City of Montgomery and the City Commissioners to enjoin the enforcement of the taxicab ordinance.^ There was judgment for complainant, and respondents appeal. The ordinance directed to be set out is as follows: Be it ordained by the board of commissioners of the city of Montgomery, Alabama, as follows: Section 1. Parking Defined. — The term “parking,” as herein used, means the standing of taxicabs, motor driven or propelled in any other manner, longer than may be necessary to…
1Opinion of the CourtMcGLELLAN, J.
The appellee filed this bill against the city of Montgomery and its officials to enjoin the enforcement of a penal ordinance wherein the use and regulation of automobiles (“taxicabs”) upon the streets of the city for hire only is prescribed. The report of the appeal will reproduce the ordinance. The court below overruled the demurrer questioning the equity of the bill, and after hearing granted the injunction prayed in the bill restraining the municipal authorities from enforcing the ordinance in any respect, and so on the theory that the ordinance was wholly void because primarily it was…
2Cases cited3 opinions
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Wallace v. Board of Revenue of Jefferson CountySupreme Court of Alabama · 1903
- Lindsay v. Mayor of AnnistonSupreme Court of Alabama · 1893
3Cited by28 opinions
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Johnston v. White-SpunnerSupreme Court of Alabama · 1977
- Birmingham Interurban Taxicab Service Corp. v. McLendonSupreme Court of Alabama · 1923
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