Scruggs v. Mayor
Supreme Court of Alabama
Appeal from Chancery Court of Limestone, Tried before Hon. Wo. Skinner. This was a bill in equity filed by the appellants against the corporate authorities of the city of Huntsville, to enjoin the collection of certain taxes levied by them on the property of appellants, which was formerly outside of the corporate limits, but which, by the act of the general assembly of November 24th, 1866, enlarging the eity boundaries, was brought within the corporate limits of the ■city…
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Appeal from Chancery Court of Limestone, Tried before Hon. Wo. Skinner. This was a bill in equity filed by the appellants against the corporate authorities of the city of Huntsville, to enjoin the collection of certain taxes levied by them on the property of appellants, which was formerly outside of the corporate limits, but which, by the act of the general assembly of November 24th, 1866, enlarging the eity boundaries, was brought within the corporate limits of the ■city and thus made liable to taxation as other city property. The bill alleges, that the act of 1866 is unconstitutional and…
1Opinion of the CourtPetees, J.
The whole case made in the bill depends upon the validity of the act of the legislature of the provisional government of this State, which was adopted on November 24th, 1866 ; by which the limits of said city of Huntsville were extended so as to include the lands of complainants. — Acts 1866-1867, No. 16, p. 28. If this act is a valid law, the bill was properly dismissed ; but if it was not valid, then the property of the appellants, which was ¡taxed, did not come within the incorporate limits of said city qí Huntsville, and the tax was illegally levied, and the *222injunction should have been…
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