Barrett v. Rietta

The bill in this cause, later amended, was filed by Rietta and numerous other “fruit and fresh vegetable” retail dealers in the city of Birmingham against the city commissioners of that municipality and Hr. J. D. Dowling, the health officer. The amended bill’s design is to invoke equity’s injunctive process to restrain these authorities or officers from enforcing sections 1099, 1101, and 1119 of the Code of the city of Birmingham, upon the theory that such sections, for the violation of which penalties are imposed, are invalid, and also to restrain the municipal authorities from effecting…