Butler v. Walker
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Tried before the Hon. John P. Hubbard. This was a proceeding in the nature of a quo warranto, to oust the incumbent intendant and councilmen of the town of Butledge, and to annul and set aside certain ordinances enacted by them relating to licensing retail liquor dealers. The grounds upon which the proceedings were prosecuted are sufficiently stated in the opinion of the court.
1Opinion of the CourtMcCLELLAN, J.
The propositions that a municipal charter is not forfeited by non-user for any period of time, and that to this end there must be legislative action by repeal of the act of incorporation, or judicial action adjudging forfeiture, may be conceded for all the purposes of this case to be thoroughly established; indeed, we entertain no doubt of their soundness. But it is equally clear, we think, that the legislature, having plenary power in the premises, may create such.corporations conditionally, that is, make provision for corporate existence upon a vote of the people within the territorial…
2Cases cited3 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- People ex rel. Garmo v. BartlettNew York Supreme Court · 1831
- Floyd v. StateSupreme Court of Alabama · 1885
3Cited by8 opinions
- State v. Port of TillamookOregon Supreme Court · 1912
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
- State Ex Rel. Bassett v. NelsonSupreme Court of Alabama · 1923
- City of Homewood v. Wofford Oil Co.Supreme Court of Alabama · 1936
- Streat v. VermilyaMichigan Supreme Court · 1934
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