Spear v. Ward
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by J. H. Spear against George B. Ward and others. From an order denying temporary injunction, complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by J. H. Spear against George B. Ward and others. From an order denying temporary injunction, complainant appeals. The following is the ordinance referred to in the opinion: Section 1. Be it ordained by the city commission of the city of Birmingham, that whenever in the judgment of the city commission it shall be deemed necessary or expedient for the protection of the public health to require the owner of any property in the city of Birmingham to install and connect water closets with the .sewerage system of said…
1Opinion of the CourtMayfield, J.
— It has been decided often by this court that a municipal corporation possesses and can exercise such powers, *111and such only, as (1) those which are granted in express words; (2) those necessarily and fairly implied by, or incident to, the powers so expressly granted; and (3) those powers which are essential to the declared objects and purposes of the municipality, which latter class does not include those powers which are convenient, but not indispensable. — Wetumpka v. Wetumpka Wharf Co., 63 Ala. 611; Eufaula v. McNab, 67 Ala. 590, 42 Am. Rep. 118; New Decatur v. Berry, 90 Ala. 432, 7…
2Cases cited9 opinions
- City of Eufaula v. McNabSupreme Court of Alabama · 1880
- Town of Greensboro v. EhrenreichSupreme Court of Alabama · 1886
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
- Mayor of Wetumpka v. Wetumpka Wharf Co.Supreme Court of Alabama · 1879
- Durgin v. MinotMassachusetts Supreme Judicial Court · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Nourse v. City of RussellvilleCourt of Appeals of Kentucky (pre-1976) · 1935
- Carey v. GuestMontana Supreme Court · 1927
- Jefferson County v. City of BirminghamSupreme Court of Alabama · 1951
- City of Nokomis v. SullivanIllinois Supreme Court · 1958
- Brown v. City of FairhopeSupreme Court of Alabama · 1957
21 more not listed; retrieve them via the Exa API.