Commissioner's Court v. Ballard
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Petition by B. B. Ballard for certiorari to annul an order of the commissioner’s court of Coffee county for the establishment and opening of a private road. From a judgment granting the writ and quashing the order respondents appeal.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Petition by B. B. Ballard for certiorari to annul an order of the commissioner’s court of Coffee county for the establishment and opening of a private road. From a judgment granting the writ and quashing the order respondents appeal. The other branch of this case is reported in Ballard v. Cook, 166 Ala. 105. The damages were paid, and the road was ordered opened under the provisions of sections 5775, and 5842, Code 1907; Commissioners Court v. Street, 116 Ala. 28; Commissioners Court v. Bowie, 84 Ala. 461; Barks v. Jefferson…
1Opinion of the CourtMcCLELLAN, J.
This is an appeal from a judgment, in response to petition for certiorari, annulling an order of the commissioners’ court of Coffee county, establishing and directing the opening of a private road upon the petition of L. C. Cook; It is a further projection of the contest, fully stated in the report of the appeal in Ballard v. Cook, 166 Ala. 105; 52 South. 147.
The petition for certiorari asserts that the “above and foregoing orders and decrees” made by the commissioners’ court in the proceeding, “show on their faces that the said court was without jurisdiction to make and enter the same, and…
2Cases cited1 opinion
- Ballard v. CookSupreme Court of Alabama · 1910
3Cited by2 opinions
- Brown v. Shelby CountySupreme Court of Alabama · 1920
- Hicks v. StateAlabama Court of Appeals · 1917