State Ex Rel. Martin v. City of Gadsden

The city of Gadsden undertook in 1909 to annex certain territory which at a previous time had been included within the territorial limits of Alabama City. Appellant’s petition for the writ of quo warranto alleges that in July, 1924, and continuously thereafter, defendant municipality, appellee in this case, ‘idid usurp, intrude into, and unlawfully hold and exercise a franchise in and to” the described territory, and the prayer is that Gadsden be excluded from the exercise of governmental functions therein. After considering agreed facts, the trial court, by its judgment, established the…