Oliver v. Loftin
Supreme Court of Alabama
Eiíkor to the Circuit Court of Montgomery. This was an action of trespass quart clausum fregit, by the plaintiff against the defendant in error. The defence was that the supposed trespass was committed by the defendant, as an overseer of the road, removing a fence which the plaintiff had placed across it a short time previously.
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Eiíkor to the Circuit Court of Montgomery. This was an action of trespass quart clausum fregit, by the plaintiff against the defendant in error. The defence was that the supposed trespass was committed by the defendant, as an overseer of the road, removing a fence which the plaintiff had placed across it a short time previously. The defendant, to prove that the road was established as a public highway, introduced as evidence a transcript of the record, certified by the Clerk of the County Court of Montgomery as follows: State of Alabama — Montgomery county: Commissioners Court of Roads and…
1Opinion of the CourtOrmond, J.
The motion for instructions to the jury appears to be founded on the assumption that no road can be legally established unless the order appointing commissioners to review the road, the report made by them indicating its route, and the final order establishing it were of record in the County Court.
It is not necessary now to determine whether, when a road has been established by the Commissioners Court from one point to another, the route of the road, through the intermediate space, would not be sufficiently shown by proof of where the road actually ran, its user by the public, and the…
2Cited by3 opinions
- Harbison v. CampbellSupreme Court of Alabama · 1912
- Rudolph v. City of BirminghamSupreme Court of Alabama · 1914
- Barks v. Jefferson CountySupreme Court of Alabama · 1898