City of Ensley v. McWilliams
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard, before Hon. Charles W. Ferguson. This was a bill filed by McWilliams seeking to enjoin the city of Ensley from selling or attempting to sell certain lands belonging to complainant, which is alleged to lie within the corporate limits of the city as defined and extended by the act of the Legislature of 1903, but which act is alleged tó be unconstitutional and void.
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Appeal from Birmingham City Court. Heard, before Hon. Charles W. Ferguson. This was a bill filed by McWilliams seeking to enjoin the city of Ensley from selling or attempting to sell certain lands belonging to complainant, which is alleged to lie within the corporate limits of the city as defined and extended by the act of the Legislature of 1903, but which act is alleged tó be unconstitutional and void. The facts and pleadings are sufficiently set forth in the opinion of the court. Act of Feb, 1903, is very clearly constitutional. — Ex parte Cowart, 92 Ala. 94. Every legislative act is…
1Opinion of the CourtDenson, J.
The city of Ensley was incorporated as a municipal corporation by an Act of the General Assembly approved December 10, 1900, and the act amen-, datbry theréto approved March 2, 1901. — Acts 1900-01, pp. 247,1940. By these acts the territory of the city was defined and marked out. The Legislature at the session *163of 1903 enacted two acts, approved, respectively, on the 28th day of February, 1903, and the 30th day of September, 1903. The first of these acts is entitled: “An act to amend section one of an act approved March 2, 1901, entitled An act to amend section one of an act entitled “An act…
2Cases cited19 opinions
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