City of Montgomery v. Smith
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County ; Leon McCord, Judge. Bill by Jerry Smith against the City of Montgomery to enjoin the enforcement of an ordinance relative to water as diseriminatory and unjust. From a decree overruling demurrers to the bill, the City appeals. The city had the right to enact the ordinance in the terms in which it was enacted.
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Appeal from Circuit Court, Montgomery County ; Leon McCord, Judge. Bill by Jerry Smith against the City of Montgomery to enjoin the enforcement of an ordinance relative to water as diseriminatory and unjust. From a decree overruling demurrers to the bill, the City appeals. The city had the right to enact the ordinance in the terms in which it was enacted. Acts 1890-91, p. 243; 104 Ala. 325, 16 South. 123. Counsel discuss and criticize cases cited by the court in its decree in overruling the demurrer, but cite no further authority. The following authorities fully justify the court in the…
1Opinion of the CourtThomas, J.
The bill prayed injunction to prevent cutting off the -water supply from service connection to complainant’s house within the city of Montgomery, and to prevent discrimination against him in rates charged for water.
In addition to the necessary and formal averments, it is averred:
“That the city of Montgomery under authority granted by the Legislature of Alabama is engaged in conducting, maintaining and operat-, ing waterworks for supplying the city of Montgomery and its inhabitants with water, and requires by ordinance all of the inhabitants of said city to purchase their water from said city,…
2Cases cited28 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
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3Cited by7 opinions
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
- Smith v. SmithSupreme Court of Alabama · 1957
- Carroll v. Alabama Public Service CommissionSupreme Court of Alabama · 1968
- City of Roanoke v. JohnsonSupreme Court of Alabama · 1934
- State v. Killian Wholesale Grocery Co.Supreme Court of Alabama · 1972
2 more not listed; retrieve them via the Exa API.