Realty Investment Co. v. City of Mobile
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Realty Investment Company against the city of Mobile to perpetually restrain and enjoin the city from issuing or selling certain bonds. Prom a decree sustaining demurrers to the bill defendant appeals.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Realty Investment Company against the city of Mobile to perpetually restrain and enjoin the city from issuing or selling certain bonds. Prom a decree sustaining demurrers to the bill defendant appeals. The ballot used did not conform to the requirements of section 222, Constitution 1901, and hence, the election was of no avail, and the bond issue should be enjoined. — Coleman v. Town of Eutcrn, 157 Ala. 827. The ballot was a substantial compliance with the requirements of section 222, Constitution 1901, and a…
1DissentMcCLELLAN, J.
(dissenting.) — The concrete question presented by this appeal is: Was the ballot used in the election of September 2, 1912 — to determine whether the city of Mobile should issue $100,000 of 5 per cent. 30-year bonds, for the purpose of extending the sanitary sewer system of that city — such a nonobservance of the form of ballot prescribed by section 222 of the Constitution of 1901 (and by the statute, Code, § 1423, which copies section 222 in respect of the form of the ballot) as to render void the issue of bonds of the city for the purpose stated?
*191This inquiry may-be more pointedly…
2Cases cited20 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Perry County v. Selma, Marion & Memphis RailroadSupreme Court of Alabama · 1877
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Collier v. FriersonSupreme Court of Alabama · 1854
- Coleman v. Town of EutawSupreme Court of Alabama · 1908
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