Legal Opinion

Stewart v. Court of County Commissioners

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 21 opinions

Appeal from tlie Circuit Court of Hale. Tried before the Hon. John Moore. The appellants in this case, Charles Stewart and others, appeared before the Court of County Commissioners of Hale county, and resisted an application by W. C. Christian andjO.thers for the establishment of an agricultural district in said county; and the application having been granted, they sued out a certiorari to remove the proceedings into the Circuit Court, and there moved to quash them.

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Appeal from tlie Circuit Court of Hale. Tried before the Hon. John Moore. The appellants in this case, Charles Stewart and others, appeared before the Court of County Commissioners of Hale county, and resisted an application by W. C. Christian andjO.thers for the establishment of an agricultural district in said county; and the application having been granted, they sued out a certiorari to remove the proceedings into the Circuit Court, and there moved to quash them. The proceedings for the establishment of the district were instituted under the act approved February 23d, 1883, entitled “An…

1Opinion of the CourtSomerville, J.

— On November 14th, 1885, the Court of County Commissioners of Hale county, the appellees in this suit, acting under the authority supposed to be conferred on them by the act approved February 23, 1883 *211(Acts 1882-83, pp. 616-18), made an order establishing a new and separate “Agricultural District” in that county, within certain limits of territory particularly described. In the present proceeding, which is a petition for a certiorari, the effort is made by the appellants to annul and vacate that order, by motion to quash, duly made on the hearing in the Circuit Court. The ground of the…

2Cases cited4 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Allen v. LouisianaSupreme Court of the United States · 1881
  3. South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
  4. Powell v. StateSupreme Court of Alabama · 1881

3Cited by21 opinions

  1. City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
  2. Maxwell v. StateSupreme Court of Alabama · 1889
  3. Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
  4. Gandy v. StateSupreme Court of Alabama · 1888
  5. Johnson v. RobinsonSupreme Court of Alabama · 1939

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