J. Blach & Sons, Inc. v. Hawkins

ANDERSON, Chief Justice.

This is an appeal from the judgment of the Circuit Court denying the appellant’s writ of prohibition to the Probate Judge of Jefferson County to prevent the rendition of a judgment in a condemnation proceeding by the City of Bessemer to condemn a right of way over the appellant’s, lands for the purpose of constructing wires to obtain and conduct electricity to its municipal plant.

The contention is that the Probate Court was without or exceeding its jurisdiction to, condemn the land in question because the City of Bessemer did not, by its petition, charge or show the…