Ex parte Montgomery Light & Traction Co.
Supreme Court of Alabama
Original petition in the Supreme Court. Petition by the Montgomery Light & Traction Company for prohibition against the Alabama Traction Company, and Honorable Gaston Gunter, Judge of the City Court of Montgomery to halt certain condemnation proceedings in that court by the Alabama Traction Company pending a decision by the Supreme Court, on the question of jurisdiction.
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Original petition in the Supreme Court. Petition by the Montgomery Light & Traction Company for prohibition against the Alabama Traction Company, and Honorable Gaston Gunter, Judge of the City Court of Montgomery to halt certain condemnation proceedings in that court by the Alabama Traction Company pending a decision by the Supreme Court, on the question of jurisdiction. After setting out the sections of the Code and the ordinances of the city, governing the attempted condemnation, counsel insist that the probate court had no jurisdiction to condemn the property sought to be condemned.—A. cG…
1Opinion of the CourtAnderson, C. J.
The probate court refused to grant the application for condemnation, and the order was appealable under section 3878 of the Code of 1907, and which said section seems to have been complied with by the petitioner. Sec: tion 3875 relates to appeals from the order of condemnation, and not from an order refusing the application. It is also questionable as to whether or not section 2855 applies to or includes appeals in condemnation proceedings as they are specially provided for in the condemnation laws.—State v. Williams, 125 Ala. 116, 28 South. 401. While the order in question was appealable to…
2Cases cited9 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Middlesex Railroad v. WakefieldMassachusetts Supreme Judicial Court · 1869
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3Cited by5 opinions
- J. Blach & Sons, Inc. v. HawkinsSupreme Court of Alabama · 1939
- Goodwin v. McConnellSupreme Court of Alabama · 1914
- Donahoo v. St. JohnSupreme Court of Alabama · 1950
- Ex parte EstesSupreme Court of Alabama · 1956
- Elizabeth Holland v. Jefferson County (Appeal from Jefferson Circuit Court: CV-22-19).Supreme Court of Alabama · 2025