Ryan v. Mayor of Tuscaloosa
Supreme Court of Alabama
Injunction to Prevent Issue of City Bonds. Appeal from Tuscaloosa County Court. Heard, before Hon. H. B. Foster. Bill by W. A. Ryan, a tax payer, against tbe mayor and' aldermen of tbe city of Tuscaloosa to prevent tbe issue of bonds of tbe city for tbe purpose of constructing or buying, or both, a water works system. From a decree for defendant plaintiff appeals.
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Injunction to Prevent Issue of City Bonds. Appeal from Tuscaloosa County Court. Heard, before Hon. H. B. Foster. Bill by W. A. Ryan, a tax payer, against tbe mayor and' aldermen of tbe city of Tuscaloosa to prevent tbe issue of bonds of tbe city for tbe purpose of constructing or buying, or both, a water works system. From a decree for defendant plaintiff appeals. No valid action could be taken upon a bond issue except at a legal meeting of tbe counsel. — 20 A. & E. Ency of Law, 1212. No ratification can be made of an act that is void. It is a legislative act and, therefore in tbe nature of…
1Opinion of the CourtMcCLELLAN, J.
The bill in this cause is filed by a taxpayer of the city of Tuscaloosa in an effort to prevent the issue of bonds of the city for the purpose of constructing or buying, or both, a waterworks system. Five objections to the validity of the issue are taken by the appellant (complainant) and these are stated in the able opinion of the court below to be: First, the election ordered by the defendant which submitted the question to a vote, was not ordered at a legal meeting of the mayor aqd aldermen of the city of Tuscaloosa, and the ordinance by which said election was ordered was void; second,…
2Cases cited4 opinions
- Anderson v. Whatcom CountyWashington Supreme Court · 1896
- In re the Application to Confirm an Assessment for the Construction of a Sewer in the PassaicSupreme Court of New Jersey · 1891
- McFarlain v. Town of JenningsSupreme Court of Louisiana · 1901
- State ex rel. Blessing v. DavisNebraska Supreme Court · 1902
3Cited by14 opinions
- Town of Camden v. Fairbanks, Morse & Co.Supreme Court of Alabama · 1920
- City of Bridgeport v. Citizens Action CommitteeSupreme Court of Alabama · 1990
- Logan v. City of BismarckNorth Dakota Supreme Court · 1923
- Thompson v. CihakMichigan Supreme Court · 1931
- Harris v. CopeSupreme Court of Alabama · 1938
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