Supreme Court of Alabama, 1940

City of Birmingham v. Hawkins

City of Birmingham v. Hawkins
Supreme Court of Alabama · Decided January 11, 1940 · Gardner, Anderson, Bouldin, Foster
194 So. 538; 239 Ala. 9; 1940 Ala. LEXIS 76 (Southern Reporter)

City of Birmingham v. Hawkins

Opinion of the Court

GARDNER, Justice.

Upon the question of substantive law, this cause is ruled by Eugene H. Hawkins v. City of Birmingham, post, p. 185, 194 So. 533, this day decided.

Upon the matter of remedy, the holding was that prohibition would lie.

As a consequence, the learned trial judge correctly ruled the present bill was without equity, and his decree will accordingly be here affirmed.

Affirmed.

ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.

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