Ex parte City Council of Montgomery
Supreme Court of Alabama
In this case, a petition was filed in this court, in the name of the State, on the relation of the City Council of Mont-' gomery, asking for a certiorari, or such other remedial writ as might be necessary, directed to the Hon. Jas.
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In this case, a petition was filed in this court, in the name of the State, on the relation of the City Council of Mont-' gomery, asking for a certiorari, or such other remedial writ as might be necessary, directed to the Hon. Jas. Q. Smith, judge of the second judicial circuit, to remove into this court for revision the proceedings had before said circuit judge on a petition for habeas corpus sued out by Bobert H. Knox, to procure his discharge from custody and imprisonment under a judgment and sentence rendered by the mayor of the city of Montgomery, for an alleged violation of a municipal…
1Opinion of the Court
BRIOKELL, O. J.
By the charter of the city of Montgomery, the General Assembly has conferred on the mayor and aldermen power to assess, levy and collect, annually, a tax not exceeding one half of one per centum on the value of real estate; and also “ power and authority to pass laws for the assessment, levy and collection of taxes ” on various occupations, trades, employments, and professions; and among others, “ on lawyers, doctors, dentists, photographers, and daguerrean artists, a tax not exceeding fifty dollars per annum.” It is not now to be doubted that, in the absence of constitutional…
2Cases cited6 opinions
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- Ex parte CroomSupreme Court of Alabama · 1851
- Goldthwaite v. City CouncilSupreme Court of Alabama · 1874
- City Council v. ShoemakerSupreme Court of Alabama · 1874
- Osborne v. Mayor of MobileSupreme Court of Alabama · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- In Re Application of GalushaCalifornia Supreme Court · 1921
30 more not listed; retrieve them via the Exa API.