Bryan v. Mayor of Birmingham
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before 1-Ion. Alfred H. Benners.. Bill by J. R. Bryan against the mayor and aldermen of the city of Birmingham. From a decree for defendants, complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before 1-Ion. Alfred H. Benners.. Bill by J. R. Bryan against the mayor and aldermen of the city of Birmingham. From a decree for defendants, complainant appeals. The bill was filed to declare void an ordinance making it unlawful to establish and use any private cemetery in section 26, township 17 S., range 3 W., in Jefferson county, Ala., said area being within the police jurisdiction of the city of Birmingham, and to inter.any dead body within the corporate limits of the city of Birmingham, ór within any part of said section 26, township 17 S.,…
1Opinion of the CourtHaralson, J.
The jurisdiction of equity is purely and exclusively civil and such courts are without power to enjoin or restrain threatened crimes or threatened •prosecutions, and this rule applies to prosecutions under municipal ordinances as well as state laws. — Brown v. Birmingham, 140 Ala. 590, 37 South. 173, and cases there cited. Applying this rule, the courts should not lose sight of the fact, that a court of equity can and should interfere by injunction to restrain any act or proceeding, whether connected with crime or not, which tends to the destruction or impairment of property or property…
2Cases cited6 opinions
- City of Austin v. Austin City Cemetery Ass'nTexas Supreme Court · 1894
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Deems v. Mayor of BaltimoreCourt of Appeals of Maryland · 1894
- Kingsbury v. FlowersSupreme Court of Alabama · 1880
- Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- Postal Tel.-Cable Co. v. City of MontgomerySupreme Court of Alabama · 1915
- Briggs v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1914
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
20 more not listed; retrieve them via the Exa API.