Judson v. City of Bessemer
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 25th April, 1889, by W. H. H. Judson and A. J. Robinson, citizens, tax-payers, and owners of property in Bessemer, against the corporate authorities of said city; and sought to enjoin the issue of certain corporate bonds for municipal purposes.
Read the full summary
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 25th April, 1889, by W. H. H. Judson and A. J. Robinson, citizens, tax-payers, and owners of property in Bessemer, against the corporate authorities of said city; and sought to enjoin the issue of certain corporate bonds for municipal purposes. The City Court dismissed the bill, on motion, for want of equity; and this decree is here assigned as error.
1Opinion of the CourtClopton, J.
Appellants seek by the bill to enjoin the issuance and sale of municipal bonds, which appellees claim authority to issue under power conferred by an act of the General Assembly, incorporating the city of Bessemer. The right to the injunction is founded on the alleged grounds, that the act is unconstitutional; and if constitutional, as amended, it does not authorize the issue of bonds of the character and terms provided by the ordinance adopted by the municipal authorities.
The first point of contention is, that the act violates the mandate of the Constitution, which declares, “Each law shall…
2Cases cited6 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Tims v. StateSupreme Court of Alabama · 1855
- Stein v. LeeperSupreme Court of Alabama · 1885
- Gandy v. StateSupreme Court of Alabama · 1888
- Hare v. KennerlySupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Maxwell v. StateSupreme Court of Alabama · 1889
- Carlson v. City of HelenaMontana Supreme Court · 1909
- Burnett v. MaloneyTennessee Supreme Court · 1896
- Skinner v. City of Santa RosaCalifornia Supreme Court · 1895
- Murphy v. City of San Luis ObispoCalifornia Supreme Court · 1898
19 more not listed; retrieve them via the Exa API.