Taylor v. City of Birmingham

45 So.2d 53 (1950)

TAYLOR

v.

CITY OF BIRMINGHAM.

6 Div. 843.

Court of Appeals of Alabama.

January 10, 1950.

Rehearing Denied February 7, 1950.

Arthur D. Shores, of Birmingham, John J. Abt, of New York City, Earl B. Dickerson, of Chicago, Ill., Harry Silver, of New York City, and Morel Montgomery, of Birmingham, for appellant.

Thos. E. Huey, Jr., of Birmingham, for appellee.

Defendant's plea 2 is as follows:

2. Said complaint and each count thereof are unconstitutional, unlawful and void.

Said complaint and each count thereof constitute overt acts by the City of Birmingham in a willful and deliberate…