Commissioners Court v. State ex rel. Bowling
Supreme Court of Alabama
Appeal from Washington Circuit Court. Heard before Hon. Samuel B. Browne. Appeal by the court- of county commissioners of Washington county from an order of Samuel B. Browne, as judge of the Thirteenth judicial circuit, granting a rule nisi on a petition for prohibition against the court of county commissioners to prohibit the erection of a courthouse and jail at (diatom, to which the county seat had been removed. Prohibition was not the proper remedy.
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Appeal from Washington Circuit Court. Heard before Hon. Samuel B. Browne. Appeal by the court- of county commissioners of Washington county from an order of Samuel B. Browne, as judge of the Thirteenth judicial circuit, granting a rule nisi on a petition for prohibition against the court of county commissioners to prohibit the erection of a courthouse and jail at (diatom, to which the county seat had been removed. Prohibition was not the proper remedy. It is exercised only in the folloAving cases. A. When the inferior tribunal is about to proceed in some matters over which it has no…
1Opinion of the CourtTyson, C. J.
This is an appeal, under section 431 of the Code of 1896, from an order made by Hon. Samuel B. Browne, as judge of the Thirteenth judicial circuit, granting a rule nisi upon a petition praying for a Avrit of prohibition against the court of county commission*565ers of 'Washington county, seeking to prohibit certain acts and doings with respect to the erection of a courthouse and jail at Chatom, in said county, to which the county seat had been removed by election held under the act of the General Assembly approved March 3, 1903.— Gen. Acts 1903, p. 117. In pursuance of the act last cited a…
2Cases cited5 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- State ex rel. Brown v. PorterSupreme Court of Alabama · 1905
- Walker v. City Council of MontgomerySupreme Court of Alabama · 1903
- State ex rel. Turner v. BradleySupreme Court of Alabama · 1901
- Little v. KnoxSupreme Court of Alabama · 1849
3Cited by12 opinions
- State ex rel. Swearingen v. Railroad CommissionersSupreme Court of Florida · 1920
- Shanks v. WinklerSupreme Court of Alabama · 1923
- State Ex Rel. McQueen v. BrandonSupreme Court of Alabama · 1943
- Patton v. StateSupreme Court of Alabama · 1909
- Hearn v. Court of Co. Com. Blount Co.Supreme Court of Alabama · 1913
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