Legal Opinion

State v. Moore

Supreme Court of Alabama

Decided June 15, 1851PublishedCited by 7 opinions

Error to the Circuit “' Court of’Lauderdale. 'Tried’before •the Hon. Thomas A. Walker. The Solicitor of the-Fourth Judicial Circuit sued out a scire facias in the name of the State against the defendants, to show cause why a forfeiture of-their .charter should not be declared.

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Error to the Circuit “' Court of’Lauderdale. 'Tried’before •the Hon. Thomas A. Walker. The Solicitor of the-Fourth Judicial Circuit sued out a scire facias in the name of the State against the defendants, to show cause why a forfeiture of-their .charter should not be declared. The scire facias alleged that the defendants had been authorized by an act of the General Assembly of the State, approved February 3,1846, to-turnpike a certain road which is described, and that they had forfeited their .-charter, both by misuser and non- • user. The defendants demurred to the scire facias, andrtheir…

1Opinion of the CourtParsons, J.

If there has beenn forfeiture of-the charter) it'is clear, under the statutes, that a scire facias is the remedy. The act granting this charter to the defendants contains this language: “ That said road shall be commenced in one year,, and'.finishcd and put in repair as required by this-act in four years after the passage of the same, otherwise all privileges hereby granted shall be forever forfeited.” The general statute,which is prior in date, enacts that, “ It shall be the duty of the several solicitors in this State, in whose circuit any turnpike road may bo located, to issue a scire…

2Cases cited1 opinion

  1. Commonwealth v. Union Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809

3Cited by7 opinions

  1. Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
  2. State ex rel. Weatherly v. Birmingham Water Works Co.Supreme Court of Alabama · 1913
  3. State v. Mobile & Girard R. R.Supreme Court of Alabama · 1895
  4. Tuscaloosa Scientific & Art Ass'n v. State ex rel. MurphySupreme Court of Alabama · 1877
  5. State ex rel. Burnett v. Town Council of CahabaSupreme Court of Alabama · 1857

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