Cushman v. Commissioner's Court
Supreme Court of Alabama
Appeal from Blount Circuit Court. Heard before Hon. John W. Inzer. Certiorari by N. C. Cushman against the Court of County Commissioners of Blount County. Prom a judgment quashing the writ, petitioner appeals. The petition leading up to the election sought to be quashed and annulled by the certiorari, is as follows: “State of Alabama, Blount County. Commissioner’s Court.
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Appeal from Blount Circuit Court. Heard before Hon. John W. Inzer. Certiorari by N. C. Cushman against the Court of County Commissioners of Blount County. Prom a judgment quashing the writ, petitioner appeals. The petition leading up to the election sought to be quashed and annulled by the certiorari, is as follows: “State of Alabama, Blount County. Commissioner’s Court. We, the undersigned, bona fide freeholders, owning a freehold estate in Oneonta precinct, but outside of the 'incorporated town of Oneonta, petition the court of county commissioners of said county and state that we desire an…
1Opinion of the CourtMayfield, J.
The circuit court of Blount county quashed and dismissed appellant’s certiorari by which he sought to have the circuit court annul and vacate a proceeding in the commissioners’ court of Blount county to order an election, and declare the result, to establish a stock law district for Oneonta precinct, in Blount county.
We are unable to agree with counsel for appellant that the proceedings in the commissioner’s court, sought to be quashed and vacated by appellant, were void on their face; but, on the contrary, such proceedings appear to us to be unassailable, and certainly so by the common law…
2Cases cited3 opinions
- Dean v. StateSupreme Court of Alabama · 1879
- Brazeel v. Commissioner's Court of Blount CountySupreme Court of Alabama · 1907
- Commissioner's Court of DeKalb County v. WilbornSupreme Court of Alabama · 1908
3Cited by6 opinions
- City of Birmingham v. ReedAlabama Court of Appeals · 1949
- Benedict v. Board of Revenue & Road Commissioners of Mobile CountySupreme Court of Alabama · 1912
- Ex parte GriffinSupreme Court of Alabama · 1912
- Linch v. ScottAlabama Court of Appeals · 1922
- L.E.O. v. A.L.Court of Civil Appeals of Alabama · 2010
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