City of Mobile v. Kierman
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Francis Kierman against tbe City of Mobile. From a judgment for plaintiff, defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Francis Kierman against tbe City of Mobile. From a judgment for plaintiff, defendant appeals. The complaint was on the common counts, and the plea was the general issue, and the case was tried on the following agreed statement of facts: (1) That the Jones M. Withers Camp is an associa-. tion whose only objects and purposes and whose only powers are such as are consistent with the benevolent and charitable purposes of caring, providing for, and ministering to the welfare of needy ex-Confederate soldiers, who by…
1Opinion of the CourtSayre, J.
The reporter will state the facts. The plaintiff has nothing upon which to stand in a court of law. The unofficial action of a majority of the general council of the city of Mobile, by which they promised to vote to grant the petition of the Jones M. Withers Camp asking that the “street fair” be relieved of all city licenses, was of no legal consequence. The legislative authority of the municipality was vested in its council as an organized body, and its will could be expressed only in the manner prescribed by the law of its creation. The members of the general council, acting separately and…
2Cases cited1 opinion
- Thomas v. SneadSupreme Court of Virginia · 1901