Alabama & Florida R. R. v. Burkett
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before J. A. Minnis, esq., as special judge, appointed under the provisions of § 758 of the Eevised Code, in consequence of the incompetency of the presiding judge of said court to try the cause.
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Appeal from the Circuit Court of Butler. Tried before J. A. Minnis, esq., as special judge, appointed under the provisions of § 758 of the Eevised Code, in consequence of the incompetency of the presiding judge of said court to try the cause. This was a proceeding by the Alabama & Florida Bail-road company, to have certain lands belonging to James Burkett, the appellee, appropriated to its use, alleging that said company required said lands in the construction of their railroad. The said company, not being satisfied with the award of the jury who assessed the damages to said Burkett for the…
1Opinion of the CourtJudge, J.
The appellee submits a motion to dismiss the appeal, because, as is alleged, “ the record shows the case was decided by no judge of Alabama ; and because no appeal lies from the decision of a judge selected by the parties, such judge not having been selected in the mode prescribed by the constitution.” Section 635 of the Revised Code provides that “ no judge of any court, chancellor, county commissioner, or justice, must sit in any cause or proceeding in which he is interested, or related to either party within the fourth degree of consanguinity or affinity, or in which he has been of…
2Cases cited4 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Montgomery & West Point Railroad v. VarnerSupreme Court of Alabama · 1851
- Holly v. CarsonSupreme Court of Alabama · 1864
- Grinstead v. BuckleyMississippi Supreme Court · 1856
3Cited by31 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- East Alabama Railway Co. v. Doe Ex Dem. VisscherSupreme Court of the United States · 1885
- Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Alabama Power Co. v. Keystone Lime Co.Supreme Court of Alabama · 1914
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