Legal Opinion

Commissioner's Court of DeKalb County v. Wilborn

Supreme Court of Alabama

Decided May 21, 1908PublishedCited by 3 opinions

Certiorari to Review Order Establishing Stock Law. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Petition by S. S. Wilborn against the court of county commissioners of DeKalb county for certiorari to review the action of said court in establishing a stock law district. Prom a judgment declaring tbe establishment of said stock law district null and void, the court of county commissioners appeal.

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Certiorari to Review Order Establishing Stock Law. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Petition by S. S. Wilborn against the court of county commissioners of DeKalb county for certiorari to review the action of said court in establishing a stock law district. Prom a judgment declaring tbe establishment of said stock law district null and void, the court of county commissioners appeal. The petitioner described himself as a resident citizen and freeholder of beat 9, in DeKalb county, owning a freehold estate in said beat and owning stock in said beat, and prays…

1Opinion of the CourtDowdell, J.

Since the taking of the appeal in this case a proper appeal bond has been executed. This answers the motion made to dismiss the appeal for want *195of sufficient bond. Tlie appeal is properly prosecuted by and in the name of the court of county commissioners. —Commissioners’ Court of Talladega v. Thompson, 15 Ala. 137; Commissioners’ Court of Lowndes County v. Bowie, 34 Ala. 463; Stanfill v. Court of County Revenue of Dallas Co., 80 Ala. 287; Commissioners’ Court of Blount County v. Johnson, 145 Ala. 554, 39 South. 910; Caudle v. Commissioners’ Court of Talladega, 144 Ala. 502, 39 South. 307.

The…

2Cases cited6 opinions

  1. Stanfill v. Court of County RevenueSupreme Court of Alabama · 1885
  2. Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
  3. Commissioner's Court of Blount County v. JohnsonSupreme Court of Alabama · 1906
  4. Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
  5. Brazeel v. Commissioner's Court of Blount CountySupreme Court of Alabama · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Board of Revenue v. MerrillSupreme Court of Alabama · 1915
  2. Potts v. Court of CommissionersSupreme Court of Alabama · 1919
  3. Cushman v. Commissioner's CourtSupreme Court of Alabama · 1909

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