Mills v. Court of Com'rs
Supreme Court of Alabama
Appeal from Circuit Court, Conecuh County; A. E. Gamble, Judge. Petition for writ of certiorari by C. E. Mills, to be directed to the Court of County Commissioners of Conecuh County, to review and vacate an order of said court levying an automobile tax. From the decree rendered,' the .petitioner appeals.
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Appeal from Circuit Court, Conecuh County; A. E. Gamble, Judge. Petition for writ of certiorari by C. E. Mills, to be directed to the Court of County Commissioners of Conecuh County, to review and vacate an order of said court levying an automobile tax. From the decree rendered,' the .petitioner appeals. Appellant made application to the commissioners’ court of Conecuh county, by proper petition, to vacate and set aside an order of the court levying a tax against the owners of automobiles, both for private and commercial use. It was shown that petitioner was a citizen and taxpayer of Conecuh…
1Opinion of the CourtGardner, J.
[1 ] Appellant contends that the order of the commissioners’ court, here sought to be reviewed, was absolutely void, as being beyond the power and authority ofr 'that court. Pie pursued the proper course in first petitioning the commissioners’ court to have the same set aside, and, failing therein, sought an annulment of the order by common-law writ of certiorari. Board of Revenue of Covington County v. Merrill, 193 Ala. 521, 68 South. 971, and authorities there cited.
[2, 3] If the order was void, it so appeared upon the face of the proceedings, ánd there was no occasion for a bill of…
2Cases cited16 opinions
- City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Phœnix Carpet Co. v. StateSupreme Court of Alabama · 1897
- Miller v. JonesSupreme Court of Alabama · 1885
- Ex parte BozemanSupreme Court of Alabama · 1913
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Beeland Wholesale Co. v. KaufmanSupreme Court of Alabama · 1937
- Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Tucker v. McLendonSupreme Court of Alabama · 1924
- Board of Trustees of University of Ala. v. HarrellAlabama Court of Appeals · 1965
26 more not listed; retrieve them via the Exa API.