Henry v. Board of Revenue
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. C. W. Henry sued out a certiorari to the board of revenue of Jefferson county returnable to the city court of Birmingham, requiring said board to send up to the city court a record of its proceedings in reference to an order for an election to be held in a certain precinct to determine whether or not stock should be prohibited from running at large in said district.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. C. W. Henry sued out a certiorari to the board of revenue of Jefferson county returnable to the city court of Birmingham, requiring said board to send up to the city court a record of its proceedings in reference to an order for an election to be held in a certain precinct to determine whether or not stock should be prohibited from running at large in said district. From an order dismissing the petition and quashing the writ petitioner appeals. -The board of revenue is of limited jurisdiction and its records must…
1Opinion of the CourtHaralson, J.
This was a common-law certiorari in the city court of Birmingham to test the validity of a stock laiv election for precinct 23, in Jefferson county, Ala. The court issued the writ, directed to the hoard of revenue, ordering it to send up the record of its proceedings with reference to said election, and the board demurred to the petition on Avhich the certiorari was based, which demurrer Avas sustained, and the petition was dismissed.'
The appellant admits in brief that “a proper petition was filed under Gen. Acts 1903, p. 431, for one purpose and one purpose only, viz., for stock laAV or no…
2Cases cited2 opinions
- Childress v. StateSupreme Court of Alabama · 1888
- McGehee v. StateSupreme Court of Alabama · 1875
3Cited by2 opinions
- Ex parte O'NealSupreme Court of Alabama · 1908
- Crosswhite v. Commissioners CourtSupreme Court of Alabama · 1909