City of Birmingham v. Wood

FOSTER, Justice.

The questions presented on this appeal hinge upon a proper application and disbursement of what is termed the municipal stadium fund of the city of Birmingham, created under the following circumstances:

The Park and Recreation Board of the city of Birmingham was created by an Act of the Legislature of 1923, General Acts 1923, page 707, see Title 62, section 721, Code of 1940. It is an arm of the city government and in that capacity only serves the municipality. It does not own the, property and has no separate corporate existence.

In 1926 there was a proposal inaugurated by the…