Foshee v. Kay
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Petition, on the relation of Hill J. Foshee and others, for quo warranto to inquire into and determine the legality of the incorporation of the community of Maplesville, Ala., directed to W. E. Kay and others, as officers of said municipality. From a judgment for respondents relators appeal.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Petition, on the relation of Hill J. Foshee and others, for quo warranto to inquire into and determine the legality of the incorporation of the community of Maplesville, Ala., directed to W. E. Kay and others, as officers of said municipality. From a judgment for respondents relators appeal. The order referred to as found on page 7 of the original record is as follows: And it appearing to the court that said enumeration had been completed, and that the provision of the law for the incorporation of municipalities have been, in…
1Opinion of the CourtAnderson, C. J.
(1-4) Section 1053 of the Code of 1907 provides for the incorporation of municipalities by application to the probate judge of the county, and, among other things required, is that the petition shall have attached thereto and as a part thereof an accurate plat of the territory proposed to be embraced within the corporate limits. The attaching of an accurate map, as provided by the statute, was held to be essential to the jurisdiction'of the probate judge to act in the matter, in the case of State, ex rel. Allen v. Town of Phil Campbell, 177 Ala. 204, 58 South. 905. It was held also that the…
2Cases cited4 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- State ex rel. Allen v. Town of Phil CampbellSupreme Court of Alabama · 1912
- Donehoo v. JohnsonSupreme Court of Alabama · 1898
3Cited by12 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- City of Birmingham v. Mead Corp.Supreme Court of Alabama · 1979
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Town of Tallassee v. State Ex Rel. BrunsonSupreme Court of Alabama · 1921
- Town of Brilliant v. City of WinfieldSupreme Court of Alabama · 1999
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