Denson v. Board of Trustees of University of Alabama

GARDNER, Chief Justice.

The submission is upon motion to dismiss the appeal taken from an order of the probate court in a condemnation proceeding. The motion is rested upon the theory that no appeal is provided direct from the probate court to this Court in condemnation proceedings under our present statutory system.

The case of Birmingham Ry. & Elec. Co. v. Birmingham Traction Co., 128 Ala. 110, 29 So. 187, found cited under Sec. 7, Title 19, Code 1940, is illustrative of the rule obtaining prior to the amendment of the statute. But the statute has been materially changed since the rendition…