Legal Opinion

Commissioners Court v. Street

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 9 opinions

Appeal from the Circuit Court of Colbert. Tried before the Hon. Thomas B. Boulhac. The appeal in this case is from the rulings, proceedings and judgment in the circuit court of Colbert county on an appeal to said court from the action of the Commissioners court of Colbert county in proceedings to open a public road.

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Appeal from the Circuit Court of Colbert. Tried before the Hon. Thomas B. Boulhac. The appeal in this case is from the rulings, proceedings and judgment in the circuit court of Colbert county on an appeal to said court from the action of the Commissioners court of Colbert county in proceedings to open a public road. Upon a petition filed for the purpose of opening a public road along a certain designated section of the county, and after required notice, the court of county commissioners appointed viewers to mark out the road and to assess the value of the lands of each land owner that were to…

1Opinion of the CourtColeman, J.

Upon petition filed and after due and legal notice, and the return of viewers duly appointed, the commissioners’ court of Colbert county established a public road over and across certain lands of Christ Street. The owner of the land appealed to the circuit court. The present appeal is prosecuted from the rulings of the circuit court and the judgment therein rendered.

It is contended that section 1391 of the Code of 1886 (Code of 1896, § 2447) is unconstitutional, and the errors assigned require a consideration of that section, and a determination of that question. Sections 1391 and 1392 of the…

2Cases cited3 opinions

  1. Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
  2. Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
  3. Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859

3Cited by9 opinions

  1. Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
  2. Alabama Central Railroad v. MusgroveSupreme Court of Alabama · 1910
  3. Rudder v. Limestone CountySupreme Court of Alabama · 1929
  4. Faulkner v. City of NashvilleTennessee Supreme Court · 1926
  5. Mobile & Ohio Railroad v. HesterSupreme Court of Alabama · 1898

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