City Council of Montgomery v. Wright
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James E. Cobb. This action was brought by William Wright, against “the City Council of Montgomery,” without other descriptive words; and was commenced on the 5th November, 1881. The complaint was in these words: “ The plaintiff claims of the defendant ten thousand dollars as damages, and plaintiff avers that there is in the city of Montgomery a public highway, called Bell street, leading from Qoldthwmte…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James E. Cobb. This action was brought by William Wright, against “the City Council of Montgomery,” without other descriptive words; and was commenced on the 5th November, 1881. The complaint was in these words: “ The plaintiff claims of the defendant ten thousand dollars as damages, and plaintiff avers that there is in the city of Montgomery a public highway, called Bell street, leading from Qoldthwmte street in said city west to the corporate limits thereof, which the defendant is bound to keep in repair; and that that…
1Opinion of the CourtSomerville, J.
The charter of the city of Montgomery is a public statute, of which the courts will take judicial notice. It provides that the corporate authorities may sue and be sued by the name of “ The Oity Council of Montgomery.” The court must, therefore, judicially know the legal identity of the defendant corporation in this action with that of the municipality known as the City of Montgomery.—1 Dill. Mun. Corp. § 83; Kelly v. Trustees A. & C. R. R. Co., 58 Ala. 489; City of Selma v. Perkins, 68 Ala. 145.
It is not required by the rules of pleading, that litigants should specially aver facts of which…
2Cases cited9 opinions
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