Winter v. City Council of Montgomery
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 2d September, 1886, by Joseph S. "Winter, against the corporate authorities of the city of Montgomery; and sought to restrain the defendants, their officers and agents, from filling in the side-walk around a brick building in the city, known as the “Winter Building,” or laying a Scbillinger pavement thereon, or tearing down a room on tbe…
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Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 2d September, 1886, by Joseph S. "Winter, against the corporate authorities of the city of Montgomery; and sought to restrain the defendants, their officers and agents, from filling in the side-walk around a brick building in the city, known as the “Winter Building,” or laying a Scbillinger pavement thereon, or tearing down a room on tbe second floor of tbe veranda around tbe building. Tbe veranda bad been erected by tbe complainant “in tbe spring of 1855,”…
1Opinion of the CourtClopton, J.
— By the charter of the city of Montgomery power is conferred on the City Council, “to alter old, make and ascertain new streets and alleys; to clean and keep in repair the streets and alleys; to require the owners of property to keep the side-walks in front of the same in good order, ancf to pave the same in such manner and at such time as shall be ordered by the City Council; to repair, keep in good order, and pave the side-walks in front of such property, the owners of which shall, after being so ordered, fail or refuse to repair, keep in good order or pave said sidewalks, for five days…
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