City Council v. Walker
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Spn. A. U. Sayre. Petition for mandamus by J. L. Walker against the city council of Montgomery and others. Judgment for petitioner, and defendants appeal. The petition of C. A. Thomas on November 6, 1903, and its disposition is res adjudicata of the petition here sought.
Read the full summary
Appeal from Montgomery City Court. Heard before Spn. A. U. Sayre. Petition for mandamus by J. L. Walker against the city council of Montgomery and others. Judgment for petitioner, and defendants appeal. The petition of C. A. Thomas on November 6, 1903, and its disposition is res adjudicata of the petition here sought. He and the present petitioner are both tax payers, the petition is for the same purpose in each instance, and the same parties are parties defendant. — Thomas v. City of Montgomery, 140 Ala. 657; Oase v. Beauregard, 101 IT. S. 688; 21 A. & E. Encv. of Law, 128. The former…
1Opinion of the CourtSimpson, J.
This is a petition by the appellee, who is a citizen and taxpayer of the city of Montgomery, praying for a writ of mandamus to compel the city council of Montgomery to execute and put in forcé an act of the Legislature approved February 18, 1903, entitled “An act to establish a board of commissioners of police for the city of Montgomery, Ala.” and forthwith elect, members of the said board as provided by said act. Said act is found on page 12 of the Local Acts of 1903, arid requires the city council, at their first regular meeting after November 1, 1903, to elect said police commissioners.
*244A…
2Cases cited9 opinions
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- Clark v. WolfSupreme Court of Iowa · 1870
- Van Etten v. . NewtonNew York Court of Appeals · 1892
- Cannon v. NelsonSupreme Court of Iowa · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Price v. Sixth District Agricultural Assn.California Supreme Court · 1927
- Cooper v. HawkinsSupreme Court of Alabama · 1937
- Eaton v. Mooresville Graded SchoolSupreme Court of North Carolina · 1922
- Town of Tallassee v. State Ex Rel. BrunsonSupreme Court of Alabama · 1921
- Holt v. MoxleyCourt of Appeals of Maryland · 1929
6 more not listed; retrieve them via the Exa API.