McGraw v. County Commissioners
Supreme Court of Alabama
Appeal from an order of Hon. S. H. Spbott, presiding judge of the sixth judicial circuit, which includes the county of Greene, refusing to grant a certiorari to revise and review the proceedings of the Commissioners Court, or County Commissioners of said county, establishing a district in which stock shall not be permitted to run at large, under the provisions of the local statute approved February 17, 1885. Sess.
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Appeal from an order of Hon. S. H. Spbott, presiding judge of the sixth judicial circuit, which includes the county of Greene, refusing to grant a certiorari to revise and review the proceedings of the Commissioners Court, or County Commissioners of said county, establishing a district in which stock shall not be permitted to run at large, under the provisions of the local statute approved February 17, 1885. Sess. Acts 1884-5, pp. 580-83. A certified copy of the proceedings had in the Commissioners Court, in regard to the establishment of the proposed district, was made an exhibit to the…
1Opinion of the CourtStone, C. J.
We concur with Hon. S. H. Sprott in holding that petitioners — appellants—are not entitled to a writ of certiorari in this case. The act under which the proceedings were had, approved February 17, 1885 — Sess. Acts, 580 — is clearly constitutional. — Stanfil v. Court of County Revenue, 80 Ala. 287. And we think the court of County Commissioners of Greene, in ascertaining the sense or wish of the freeholders of the district in which it was proposed to prohibit stock from running at large, rightly refused to count or consider as freeholders those persons to whom an inconsiderable fraction of…
2Cases cited2 opinions
- Stanfill v. Court of County RevenueSupreme Court of Alabama · 1885
- Ratliff v. AllgoodSupreme Court of Alabama · 1882
3Cited by20 opinions
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- Hill v. MoodySupreme Court of Alabama · 1922
- Ward v. State ex rel. ParkerSupreme Court of Alabama · 1908
- State Ex Rel. Peterson v. City of FraserSupreme Court of Minnesota · 1934
- Ex parte ModeCourt of Criminal Appeals of Texas · 1915
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