Commissioners' Court of Russell v. Tarver
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The appellee sued out a certiorari to remove into the Circuit Court certain proceedings had before the Commissioners’ Court in the establishment of a road, which is described in the report of the jury as I! commencing on the old Federal road, running through section 28, township 16, and range 29, through lands belonging to Sterling Bass and Turner More-land, thence through Wm.
Read the full summary
Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The appellee sued out a certiorari to remove into the Circuit Court certain proceedings had before the Commissioners’ Court in the establishment of a road, which is described in the report of the jury as I! commencing on the old Federal road, running through section 28, township 16, and range 29, through lands belonging to Sterling Bass and Turner More-land, thence through Wm. D. Tarver’s, commencing at the south-east corner of section 20, 16, 29, and running near a north line to said Bass’ plantation.” The…
1Opinion of the Court
CHILTON, C. J. —
The Commissioners’ Court of Roads and Revenue represent the public in the matter of their jurisdiction over roads, <&c., and are supposed to have no personal interest, other than as members of the community, in the establishment of public and private ways. If any member of that court has a peculiar, personal interest, such member would be disqualified from taking part in the deliberations of the court in establishing such way. Representing the publiq alone, it is not proper that costs should be adjudged against them when brought to a revising tribunal in invitum. The Circuit…
2Cases cited1 opinion
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
3Cited by10 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Nevada Commission on Ethics v. CarriganSupreme Court of the United States · 2011
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
5 more not listed; retrieve them via the Exa API.