Kirby v. Commissioners Court Marshall Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Petition by Letitia Kirby for common law certiorari to review the action of tbe commissioners court of Marshall county in establishing a public road, and to quash such proceeding. From a judgment dismissing petition petitioner appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Petition by Letitia Kirby for common law certiorari to review the action of tbe commissioners court of Marshall county in establishing a public road, and to quash such proceeding. From a judgment dismissing petition petitioner appeals. The court should have certified its record as it then existed, and had no right to make amendments afterwards without order from the circuit court. — Lowndes Gounty v. Hearne, 59 Ala. '373; Cook v. Commissioners Court, 59 South. 483. The petition is not part of the record proper, and should…
1Opinion of the Court
MAYFIELD, J. —
This is common-law certiorari to quash proceedings in the commissioners’ court of Marshall county establishing a public road in that county. The circuit court denied and dismissed the petition for certiorari, and declined to quash the proceedings in the commissioners’ court. From the judgment dismissing the petition for certiorari, appellant prosecutes this appeal.
*613It has been ruled by this court repeatedly that the supervisory power of a superior over an inferior legal tribunal, by means of a common-law writ of certiorari, extends only to questions touching the jurisdiction of…
2Cases cited6 opinions
- Town of Camden v. BlochSupreme Court of Alabama · 1880
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- McAllilley v. HortonSupreme Court of Alabama · 1883
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Cook v. Court County CommissionersSupreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Greek v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1922
- State Ex Rel. McIntyre v. McEachernSupreme Court of Alabama · 1936
- Ex parte City of BirminghamSupreme Court of Alabama · 1917
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Edwards v. Bibb County Board of CommissionersSupreme Court of Alabama · 1915
4 more not listed; retrieve them via the Exa API.