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…
1Opinion of the CourtSayre, J.
Section 222 of the Constitution contains this provision: “The Legislature, after the ratification of this Constitution, shall have authority to pass general laws authorizing the counties, cities, towns, villages, districts or other political subdivisions of counties to issue bonds, but no bonds shall be issued under authority of a general law unless such issue of bonds be first authorized by a majority vote by ballot of the qualified voters of such county, city, town, village, district, ór other political subdivision of a county, voting upon such proposition. The ballot used at such election…
2Cases cited6 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Coleman v. Town of EutawSupreme Court of Alabama · 1908
- Houseman v. Commonwealth ex rel. TenerSupreme Court of Pennsylvania · 1882
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- State Ex Rel. DeBerry v. NicholsonSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ex Parte CokerSupreme Court of Alabama · 1991
- Campbell v. StateSupreme Court of Alabama · 1913
- House v. Cullman CountySupreme Court of Alabama · 1992
- Anderson v. BlairSupreme Court of Alabama · 1918
- Doody v. State Ex Rel. Mobile CountySupreme Court of Alabama · 1936
24 more not listed; retrieve them via the Exa API.