Brown v. Mayor of Birmingham
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in this case was filed by the appellant, E. F. Brown, against the Mayor and Aldermen of Birmingham, a municipal corporation, and sought to enjoin the defendant, its officers, servants and agents from the enforcement of an alleged ordinance which is claimed to have been adopted by the defendant at its regular meeting on July 15,1903. Said ordinance is set out at length in the bill…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in this case was filed by the appellant, E. F. Brown, against the Mayor and Aldermen of Birmingham, a municipal corporation, and sought to enjoin the defendant, its officers, servants and agents from the enforcement of an alleged ordinance which is claimed to have been adopted by the defendant at its regular meeting on July 15,1903. Said ordinance is set out at length in the bill of complaint. The bill averred the following facts: At the time of filing the bill and for some time prior thereto,…
1Opinion of the CourtMcCLELLAN, C. J.
Brown is complainant, in, and the Mayor and Aldermen of the city of Birmingham are the respondents to, this bill. Its object and prayer is to enjoin the city authorities from enforcing or attempting to enforce by quasi criminal prosecutions a certain ordinance of the municipality, which the bill alleged to be wholly void. On the exhibition of the bill to the judge of the Tenth, circuit, its prayer for a preliminary injunction was granted, and the writ issued accordingly. Thereupon the respondent filed its answer, and moved the dissolution of the preliminary injunction on the denials of the…
2Cases cited7 opinions
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Burnett v. CraigSupreme Court of Alabama · 1857
- Arbuckle v. BlackburnCourt of Appeals for the Sixth Circuit · 1902
- Pike County Dispensary v. Mayor of BrundidgeSupreme Court of Alabama · 1900
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3Cited by36 opinions
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Hardie-Tynes Mfg. Co. v. CruiseSupreme Court of Alabama · 1914
- Angelus v. SullivanCourt of Appeals for the Second Circuit · 1917
- Kelly v. ConnerTennessee Supreme Court · 1909
- Mayor of Shellman v. SaxonSupreme Court of Georgia · 1910
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