Pendley v. Commissioners Court
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Certiorari on the part of B. F. Pendley to quash an order establishing a stock law district in Fayette county, entered by the commissioners’ court of said county. From a judgment quashing the certiorari, plaintiff appeals.
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Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Certiorari on the part of B. F. Pendley to quash an order establishing a stock law district in Fayette county, entered by the commissioners’ court of said county. From a judgment quashing the certiorari, plaintiff appeals. Counsel insist first that the proceedings to establish stock law as set out in the Code of 1907, are not ih effect in Fayette county at the time these proceedings were had, and they further insist that the stock law as set out in the Code is unconstitutional. — Savage v. Wallace, 165 Ala. 572; Thornton v.…
1Opinion of the CourtSayre, J.
By a writ of certiorari appellant sought to quash a proceeding in the commissioners’ court of Fayette county by which a stock-law district had been established. The writ was quashed in the circuit court, and from that judgment this appeal was taken.
It is agreed that the proceeding to establish the stock-law district was had according to the provisions of the Code (chapter 139) ; but appellant insists that the commissioners’ court should have followed the act of February 23, 1899 (Acts 1898-99, p. 1517), his theory being that the Code did not govern the proceeding, for the reason that the…
2Cases cited1 opinion
- Savage v. WallaceSupreme Court of Alabama · 1910
3Cited by5 opinions
- Opinion by the JusticesSupreme Court of Alabama · 1947
- Dewrell v. KearleySupreme Court of Alabama · 1947
- Porter Coal Co. v. DavisSupreme Court of Alabama · 1935
- Morris v. McElroyAlabama Court of Appeals · 1929
- Opinion of the JusticesSupreme Court of Alabama · 1957