Legal Opinion

Creswell v. Comm'rs' Court of Greene Co.

Supreme Court of Alabama

Decided January 15, 1854PublishedCited by 10 opinions

Error to the Circuit Court of Greene. Tried before the Hon. Andrew B. Moore. John C. Johnson made application to the Commissioners’ Court of Greene for the establishment cf a road, and also for a ferry license ; and both of his applications were granted.

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Error to the Circuit Court of Greene. Tried before the Hon. Andrew B. Moore. John C. Johnson made application to the Commissioners’ Court of Greene for the establishment cf a road, and also for a ferry license ; and both of his applications were granted. The order establishing the road is as follows: ic It appearing to the satisfaction of the court, that thirty days’ notice of the application, as required by law, have been given, after hearing the evidence and the argument of counsel, it is considered by the court, that said application be granted; that the report of the jury of review,…

1Opinion of the CourtPhelan, J.

This record contains two distinct final orders or decrees of the Commissioners’ Court Of Greene County, one establishing a public road, and the other granting to John C. Johnson license to keep a public ferry. They were brought up id the Circuit Court by one writ of certiorari, where a motion was made to dismiss the writ. This motion the Circuit Court granted, for two reasons. first, that two distinct decrees or judgments tvere united in one writ; and, secondly, because the petitioners for the writ, Creswell and Monette, were not shown by the record to have any such interest as would…

2Cases cited3 opinions

  1. Moore v. HancockSupreme Court of Alabama · 1847
  2. Jones v. EtheridgeSupreme Court of Alabama · 1837
  3. Smith v. HearneSupreme Court of Alabama · 1829

3Cited by10 opinions

  1. Askew v. Hale CountySupreme Court of Alabama · 1875
  2. United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
  3. Howard v. StateSupreme Court of Arkansas · 1886
  4. Murray v. MenefeeSupreme Court of Arkansas · 1859
  5. Southworth v. Board of EducationIllinois Supreme Court · 1909

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