Town of Flat Creek v. Alabama By-Products Corp.

THOMAS, Justice.

On this appeal the submission was on the merits and in the alternative for writ of mandamus to review the granting of certiorari by the judge of the circuit court, who reversed the order of the probate judge.

The pertinent parts of Judge Smith’s order are to the effect that the decree made by Judge H. R. Howze as the Probate Judge of Jefferson County, as amended nunc pro tunc, purporting to reinstate the dormant municipality of Flat Creek, and the decree and order in reference thereto by Charles M. Hewitt as special probate judge, “are each separately and severally held void,…