Cleckler v. Morrow
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Application by Edward King and others to establish a private road. After the commissioners’ court had acted, the matter was carried to the circuit court by certorari to review the action of the court in confirming the report of the viewers of the road. Motion was made to dismiss the appeal because it was barred, and because no bond for cost was given as required by law.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Application by Edward King and others to establish a private road. After the commissioners’ court had acted, the matter was carried to the circuit court by certorari to review the action of the court in confirming the report of the viewers of the road. Motion was made to dismiss the appeal because it was barred, and because no bond for cost was given as required by law. The proceedings seem to have been first styled in the circuit “Rufus Morrow v. Court of County Commissioners,” but seem afterwards to have been treated as…
1Opinion of the CourtTyson, C. J.
Edward King and 14 others made application to the commissioners’ court of Marshall county to establish a private road, under section 2496 of the Code of 1896. This appellant was not one of the petitioners, but was one among' the owners of land through which the road was to pass and proposed to be taken. It appears, from the report of the viewers appointed to view and mark out the route for the proposed road, that the value of the land proposed to be taken, belonging to appellant, was assessed, as was that of the appellee. It is apparent from this statement that his interest in the…
2Cases cited1 opinion
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
3Cited by1 opinion
- Golden v. StateAlabama Court of Appeals · 1913