City of Mobile v. Mobile Light & Railroad
Supreme Court of Alabama
Appeal from tlie Chancery Court of Mobile Heard before the Hon. Thos-. H. Smith. The bill in this case was filed by the City of Mobile against tlie¡ Mobile? Light & Railroad Company for the purpose of establishing and enforcing a lien upon certain portions of the defendant’s street railroad track laid upon certain streets in the city of Mobile, for the payment of said street railroad company’s portion of the cost of paving certain streets.
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Appeal from tlie Chancery Court of Mobile Heard before the Hon. Thos-. H. Smith. The bill in this case was filed by the City of Mobile against tlie¡ Mobile? Light & Railroad Company for the purpose of establishing and enforcing a lien upon certain portions of the defendant’s street railroad track laid upon certain streets in the city of Mobile, for the payment of said street railroad company’s portion of the cost of paving certain streets. It was averred in the bill that under and by virtue of the powers conferred by the charter of the city of Mobile, as enacted bv the Legislature, and…
1Opinion of the CourtAnderson, J.
This is an appeal by the City of Mobile from a decree of the chancellor, sustaining demurrers to its bill filed to declare and enforce a lien against the appellee for its proportionate share of the cost of paving, curbing and underground drainage.
The bill avers the letting of the contract for the work and the cost thereof in a certain district and avers that appellee's line was laid on some of the streets in said paved district. And seems to arrive at the portion due by the appellee, by ascertaining what proportion its territory bears to1 the area of the streets over which it runs, and what…
2Cases cited2 opinions
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Warren v. HenlySupreme Court of Iowa · 1870
3Cited by6 opinions
- City of Fort Myers v. State of FloridaSupreme Court of Florida · 1928
- City of Fort Myers v. StateSupreme Court of Florida · 1928
- Cleveland School Furniture Co. v. City of GreenvilleSupreme Court of Alabama · 1906
- Ex Parte HaponskiSupreme Court of Alabama · 1981
- City of Jasper v. DaughertySupreme Court of Alabama · 1982
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