Jefferson County v. City of Birmingham

FOSTER, Justice.

This case is here on second appeal. The first appeal was from a decree overruling demurrer to the bill. 248 Ala. 319, 27 So. 2d 584. After we affirmed the decree, respondents, who are the county of Jefferson and certain county officers on behalf of the county, filed answer and special pleas setting up two contentions, not' determined on former appeal, namely (1) that the local act of 1885 (herein more particularly referred to) was repealed by the adoption of the Constitution of 1901; and (2) that to allow the claim the city would in substance and effect collect a rate of…