McKinney v. Commissioner's Court
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Certiorari by H. C. McKinney and others to bring up for review the acts and doings of the Commissioners’ Court in proceedings to establish a stock law district. From a judgment denying the relief prayed by the certiorari the petitioner appeals. The court erred in denying the petition. The proper order was either to quash the judgment'or to affirm it. — hide. Pub. Go. v. Am. Pr.
Read the full summary
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Certiorari by H. C. McKinney and others to bring up for review the acts and doings of the Commissioners’ Court in proceedings to establish a stock law district. From a judgment denying the relief prayed by the certiorari the petitioner appeals. The court erred in denying the petition. The proper order was either to quash the judgment'or to affirm it. — hide. Pub. Go. v. Am. Pr. Assn., 102 Ala. 475. Certiorari is the proper remedy to review the acts of the Commissioner’s Court. — Gomm. Gt. v. Johnson, 145 Ala. 553. The order…
1Opinion of the CourtMcCLELLAN, J.
The motion to dismiss the appeal is predicated upon the idea that the appeal was taken by one only of the parties against whom joint judgment was rendered. If it were assumed that a joint judgment was entered below, the certificate of appeal refutes the asserted fact that one only of the parties prejudiced by the judgment prosecuted the appeal and that in his own name only. The certificate of appeal recites that “H. C. McKinney et als. did on the 30th day of September, 1908, after giving security for costs, obtain an appeal. * * *” The notice of appeal likewise recites that “H. O. McKinney et…
2Cases cited1 opinion
- Commissioner's Court of Blount County v. JohnsonSupreme Court of Alabama · 1906
3Cited by4 opinions
- McLaughlin v. HardwickAlabama Court of Appeals · 1915
- Almon v. Court of County RevenueSupreme Court of Alabama · 1913
- Gravlee v. MooreSupreme Court of Alabama · 1913
- Alabama Department of Youth Services v. BroadenCourt of Civil Appeals of Alabama · 2016