New Orleans, Mobile & Chattanooga Railroad v. Dunn
Supreme Court of Alabama
3. Same; power to issue negotiable bonds. — A municipal corporation cannot, without a grant of express power, issue negotiable bonds. Appeal from the Chancery Court of Mobile. Heard before the Hon. Adam C. Felder.
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3. Same; power to issue negotiable bonds. — A municipal corporation cannot, without a grant of express power, issue negotiable bonds. Appeal from the Chancery Court of Mobile. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 4th November, 1869, by William D. Dunn and others, citizens and tax-payers in the city of Mobile, in behalf of themselves and such other citizens and tax-payers as might choose to come in and contribute to the expenses of the suit, against the corporation of the city of Mobile, its mayor and clerk officially, and the New Orleans, Mobile, and…
1Opinion of the CourtBrickell, J.
The right of property-holders, or taxable inhabitants, to the aid of a court of equity to prevent a municipal corporation and its officers from usurping powers, or violating duty imposed by law, whereby the burdens of taxation will be increased, is recognized by authority, and supported by principle. Municipal corporations are public corporations, and may not be so completely subjected to the jurisdiction of a court of equity as private corporations; yet, the powers with which they are clothed are to be exercised for the benefit of those residing within the territorial jurisdiction, and the…
2Cases cited1 opinion
- Police Jury v. BrittonSupreme Court of the United States · 1873
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- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
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