71 So. 448 | Ala. | 1916
It is to be observed that this section contemplates the creation of debts (necessarily within the debt limit fixed by section 224 of the Constitution) by county governing bodies, for the county purposes defined in section 215; to satisfy and discharge which a levy or levies of the special taxes prescribed, not exceeding one-fourth of one per centum, may be made.
The power to incur a debt or liability, for the public purposes named in section 215, is expressly recognized therein; and the authority to levy the special taxes described in that section
The report of the appeal will contain a copy of the “road improvement warrants,” together with a copy of the “interest coupon,” and the “certificate of registration,” exhibited with the bill. The bill seeks an injunction to restrain the county treasurer from paying warrants numbered from 1 to 24, inclusive, drawn upon that official, to be paid out of the special fund constituted of the proceeds of a special tax levied for the express purpose of constructing and maintaining a certain line of pub-
The bill, proceeding as it does on the theory that the warrants are void, and for that reason their payment by the treasurer should be restrained, is not well founded. It is without equity. The decree appealed from so concluded, and was hence well rendered. It is affirmed.
Affirmed.