JACKSON v. HUBBARD

5 Div. 490.

53 So.2d 723 (1951)

JACKSON et al. v. HUBBARD et al.

Supreme Court of Alabama.

Rehearing Granted June 30, 1951.


Attorney(s) appearing for the Case

Lawrence K. Andrews, Union Springs, and Walker & Walker, Opelika, for appellants.

A. A. Carmichael, Atty. Gen., amicus curiae.

Borden Burr, Frontis H. Moore and Benners, Burr, Stokely & McKamy, Birmingham, and L. J. Tyner, Opelika, for appellees.


LAWSON, Justice.

On December 16, 1947, the Water Works Board of the City of Auburn was incorporated in accordance with the provisions of §§ 394-402, Title 37, Code 1940, as amended. It will hereafter be referred to as the corporation.

Several weeks thereafter on, to wit, January 6, 1948, the governing body of the city of Auburn, its mayor and council, acting under the provisions of § 397, Title 37, Code 1940, as amended, appointed H. R. Hubbard...

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