Tuxedo Homes, Inc. v. Green

This is an appeal from a judgment of the circuit court in a cause wherein appellant sought to have a mandamus directed to the city commissioners and the city engineer of the City of Birmingham to require them to indorse, in writing, their approval upon a certain map or plat of land located in the City of Birmingham, which map petitioner sought to have recorded in the office of the judge of probate of Jefferson County.

A demurrer was sustained by the court to the petition for mandamus. Whereupon petitioner took a non-suit for the purpose of reviewing that order, and a judgment of non-suit was…