Newton v. Alabama Midland Railway Co.
Supreme Court of Alabama
Abpeal from Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard.' The Alabama Midland Bailway Co. instituted proceedings in the Probate Court oft Montgomery County to condemn a certain strip of land, which was the property of Nancy E. H. Newton. From a judgment of the Probate Court dismissing the petition, the Bailway Co. appealed to the Circuit Court, where judgment was rendered in favor of the petitioner. The facts are sufficiently stated in the opinion.
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Abpeal from Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard.' The Alabama Midland Bailway Co. instituted proceedings in the Probate Court oft Montgomery County to condemn a certain strip of land, which was the property of Nancy E. H. Newton. From a judgment of the Probate Court dismissing the petition, the Bailway Co. appealed to the Circuit Court, where judgment was rendered in favor of the petitioner. The facts are sufficiently stated in the opinion. The present appeal is prosecuted from a judgment of the Circuit Court, refusing a motion made by Mrs. Newton to set aside…
1Opinion of the Court
HEAD, J.-
The Alabama Midland Bailway Company instituted proceedings in the Probate Court of Montgomery county to condemn a right of way over the lands of the appellant, under Art. 2, Chap. 15, Title 2, Part 3 of the Code. Such proceedings were had, in that court, that on the 27th day of April, 1891, the petition was dismissed. On Nov. 11th, 1891, the petitioner obtained an appeal to the Circuit Court of the county from the order of dismissal, and the cause was regularly certified to, and docketed in that court. The same counsel who had been employed by Mrs. Newton to represent her, and who…
2Cases cited3 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Ex parte NorthSupreme Court of Alabama · 1873
- Dothard v. TeagueSupreme Court of Alabama · 1867
3Cited by9 opinions
- Alabama Power Co. v. HerzfeldSupreme Court of Alabama · 1927
- Kern County Union High School District v. McDonaldCalifornia Supreme Court · 1919
- Cloverleaf Land Company Inc. v. StateSupreme Court of Alabama · 1964
- Lipscomb v. Bessemer Board of EducationSupreme Court of Alabama · 1952
- State v. CobbSupreme Court of Alabama · 1972
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