Bouldin v. City of Homewood

On Rehearing

HARWOOD, Justice.

Appellee, City of Birmingham, makes three points on its application for rehearing, (1) that we erred because we prematurely held the election to be void; (2) that we erred in holding that the notice provisions of Act No. 633, approved September 6, 1961, applied; and (3) that we erroneously relied upon the decision in the Bouldin case as the basis for the decision in the Home-wood appeal.

The trial court denied relief to both Bouldin and the City of Homewood because of his opinion that there was no equity in Bouldin’s bill or Homewood’s cross-bill. Each of those…