City of Bessemer v. Goodwyn

THOMAS, Justice.

The City of Bessemer seeks a mandamus to require the Circuit Judge to set aside his ruling sustaining a demurrer to and dismissal of the city’s motion to transfer the pending cause of the City of Bessemer v. Wilkes to the equity side of that court’s docket.

The initial proceeding in the probate court was by the City of Bessemer against Wilkes et al, for condemnation of a right of way across properties described (including those of Wilkes) for use of the city-in building an electric transmission line. The petition of date of January 18, 1939, for condemnation was for a right of…