Moore v. Hancock
Supreme Court of Alabama
Writ of Error to the Circuit Court of Madison. These proceedings originated in the court of the commissioners of roads and revenue for Madison county, in which Hancock petitioned to change the road known as Wade and Powell’s. The court acted on the petition, and made an order to change the road.
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Writ of Error to the Circuit Court of Madison. These proceedings originated in the court of the commissioners of roads and revenue for Madison county, in which Hancock petitioned to change the road known as Wade and Powell’s. The court acted on the petition, and made an order to change the road. Afterwards, Moore prayed a cer-tiorari from the circuit court to remove this order to that court, and quash the same j alledging an interest in the matter determined, and asserting that the notice prescribed by law was not proved, unless the testimony- of Hancock, the only petitioner, was sufficient…
1Opinion of the CourtGoldthwaite, J.
1. The statutes prescribing the course to be pursued in establishing or changing public roads, have provided no mode by which the orders of the commissioners of roads and revenue of the several counties may be reviewed, and none has yet with us been settled by decision. These are matters of public concern, in which it can rarely happen that private interest is involved beyond the value of the land over which the road passes, and it is possible it is in this connection alone that individuals have any right to reexamine the decisions of that body to which this duty is intrusted.
In Hill v.…
2Cases cited4 opinions
- Ex parte TarltonSupreme Court of Alabama · 1841
- Hill v. BridgesSupreme Court of Alabama · 1837
- State ex rel. Driver v. Commissioners of Roads & Revenue of TalladegaSupreme Court of Alabama · 1836
- Smith v. Commissioners of RoadsSupreme Court of Alabama · 1827
3Cited by6 opinions
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Matkin v. Marengo CountySupreme Court of Alabama · 1902
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Creswell v. Comm'rs' Court of Greene Co.Supreme Court of Alabama · 1854
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