City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Montgomery. Tried before the Hon. John Gill Shouter. This action was brought by the appellant, and was founded on a penal bond, dated in June, 1852, and signed by James F. Winter, as president, in behalf of the Montgomery and Wetumpka Plank-Road Company, as principal, together with John G. Winter and others as sureties; which bond was conditioned as follows: “Whereas the said city council of Montgomery hath loaned to the said Montgomery and…
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Appeal from tlie Circuit Court of Montgomery. Tried before the Hon. John Gill Shouter. This action was brought by the appellant, and was founded on a penal bond, dated in June, 1852, and signed by James F. Winter, as president, in behalf of the Montgomery and Wetumpka Plank-Road Company, as principal, together with John G. Winter and others as sureties; which bond was conditioned as follows: “Whereas the said city council of Montgomery hath loaned to the said Montgomery and Wetumpka Plank-Road Company bonds of the city of Montgomery to the amount of $20,000, to he used by said company in the…
1Opinion of the CourtStone, J.
— The authority of the city council of Montgomery, to make the contract sued on in this case, is claimed under the 14th section of its charter, which reads as follows:
“The said city council of Montgomery shall have full power and authority to make, ordain and enact such laws and regulations, (not contrary to the constitution and laws of this State,) as may be deemed necessai’y in relation to the streets and highways, public buildings and powder magazine, and every other matter and thing which they may deem necessary for the good order and welfare of said city.”
In section 1, it is declared,…
2Cases cited11 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- Wood v. FowlerSupreme Court of Kansas · 1882
- School District No. 8 v. Twin Falls County Mutual Fire InsuranceIdaho Supreme Court · 1917
- City of Eufaula v. McNabSupreme Court of Alabama · 1880
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