Coleman v. Town of Eutaw
Supreme Court of Alabama
Appeal from Greene Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Thomas W. Coleman, and others, against the tovm of EutaAAg and others, to enjoin the issue and sale ‘ of the bonds of the toAtm. From a decree sustaining demurrers to the bill, complainants appeal, and respondents prosecute a cross appeal as to certain other questions.
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Appeal from Greene Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Thomas W. Coleman, and others, against the tovm of EutaAAg and others, to enjoin the issue and sale ‘ of the bonds of the toAtm. From a decree sustaining demurrers to the bill, complainants appeal, and respondents prosecute a cross appeal as to certain other questions. The ballot was not in the form required by the Constitution. — Sec. 222, Const. 1901; Varney v. Justice, 6 S. W. 459; Perry County v. Railroad Co., 58 Ala. '556; Cooley’s Const. Lim. 78. The requirements of the ■statute AA-ere mandatory, not…
1Opinion of the Court
McCLELLAN, J,
— The bill in this cause was filed by Thomas W. Coleman and four other taxpayers and residents of Eutaw, in this state, for the purpose of enjoining issues of bonds of the municipality of the town of Eutaw as upon a compliance with the provisions of section 222 of the Constitution of 1901, and the act of the Legislature to be found in Acts 1903, p. 59 et seq., authorizing the issuance of bonds by municipalities under certain restrictions and by certain methods therein provided. A cross-appeal, by the respondents to the bill, brings up for review the questions.to be considered and…
2Cases cited9 opinions
- Crampton v. ZabriskieSupreme Court of the United States · 1880
- Perry County v. Selma, Marion & Memphis RailroadSupreme Court of Alabama · 1877
- Varney v. JusticeCourt of Appeals of Kentucky · 1888
- Weaver v. LapsleySupreme Court of Alabama · 1869
- Tuskaloosa Bridge Co. v. OlmsteadSupreme Court of Alabama · 1867
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3Cited by58 opinions
- Weinberger v. Board of Public InstructionSupreme Court of Florida · 1927
- State ex rel. Trent v. SimsWest Virginia Supreme Court · 1953
- In Re Advisory Opinion of Governor Civil RightsSupreme Court of Florida · 1975
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- Stern v. City of FargoNorth Dakota Supreme Court · 1909
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