Inge v. Board of Public Works of Mobile
Decision Date | 22 January 1903 |
Citation | 135 Ala. 187,33 So. 678 |
Parties | INGE ET AL. v. BOARD OF PUBLIC WORKS OF MOBILE. |
Court | Alabama Supreme Court |
Appeal from chancery court, Mobile county; Thos. H. Smith Chancellor.
Suit by Richard Inge and others against the board of public works of Mobile. From a decree in favor of defendant, complainants appeal. In part reversed and rendered, and in part modified and affirmed.
The bill was filed by Richard Inge and others, as taxpayers of the city of Mobile, against the board of public works in charge of municipal improvements in the city of Mobile, and against the individual members thereof, seeking to have enjoined the payment of any moneys of the city upon two certain unperformed contracts for paving in the city of Mobile; one of said contracts being for the paving of certain streets with asphalt, and the other for paving certain other streets with brick. The two contracts were set out as exhibits to the bill, and are distinct from each other, but were let at the same time, and to the same contractor. The grounds for enjoining the payment of moneys under the contracts are that the contracts are void--void for matters of invalidity within themselves, and also because of the invalidity of the statutory system of making and paying for such improvements. The averments of the bill and stipulations of the contracts assailed are sufficiently shown by the opinion. There was a motion to dismiss the bill for want of equity, and demurrers were also interposed to the bill as follows: From a decree sustaining said motion and demurrers, complainants appeal.
E. L. Russell and Fitts, Stoutz & Armbrecht, for appellants.
B. B. Boone and R. H. & N. R. Clarke, for appellee.
The bill in this cause was filed by Richard Inge and others, appellants here, as taxpayers of the city of Mobile, and abutting property owners on certain named streets of said city, included in the paving contracts, which are made an exhibit to the bill, and which were entered into on September 6, 1902, between the board of public works of the city of Mobile and the Southern Paving & Construction Company, a body corporate. The bill assails the validity of said contracts, and seeks to have the same decreed null and void. The cause was heard before the chancellor on demurrer to the bill, and motion to dismiss the same for want of equity; and from his decree sustaining the demurrer and motion, and dismissing the bill, the present appeal is prosecuted.
In our consideration of the questions raised, we do not propose to follow counsel into all of the phases presented in arguments oral and written, but prefer to lay down the principles which we think control, and state our conclusions in as brief a manner as practicable.
In the outset, we think it may be safely stated, as a general proposition, that a taxpayer may seek the aid of a court of equity and relief by injunction where the municipal authorities are about to issue illegal warrants or scrip, or to misappropriate public funds, or to abuse corporate powers. 1 Dillon, Mun. Corp. § 504; 2 Dillon, Mun. Corp. §§ 914, 921. So, also, may courts of equity, on bills filed by taxpayers, enjoin the improper creation of debts. 2 Dillon, Mun. Corp. § 916.
There were two contracts entered into between the board of public works and the Southern Paving & Construction Company--one for paving certain named streets with vitrified brick, and the other for paving certain other named streets with asphalt. The alleged infirmities averred in the bill, common to both contracts, are, first, that the contracts contained improper stipulations, imposing upon the contractor a responsibility and liability for damage to persons and property beyond his liability for torts in his own business, or growing out of the nature of the work contemplated; second, that the contracts contained improper restrictions upon the kind of labor that might be employed by the contractor; and, third, that the provision of the charter of the city of Mobile regulating the assessments against abutting property owners for the improvement of the streets is different from, and in conflict with, the provisions of the new Constitution of the state, prescribing a system of assessment.
It is furthermore alleged in the bill that the contract for the asphalt paving...
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