Smith v. Commissioners of Roads
Supreme Court of Alabama
The court of commissioners of revenue and roads of Lauderdale county, having appointed a jury to lay out a road in the county, five of the jurors made their return of the >oad as marked out by them. Henry Smith there-0-'0« obtained a certiorari to remove the proceedings iuto the Circuit Court. The Circuit Court, at October term, 1895, dismissed the certiorari. Smith sued out a writ of error, and made several assignments of error.
1Opinion of the Court
JUDGE TAYLOR
delivered the opinion of the Conn.
It was premature to sue out a certiorari before the County Court had made out an order confirming the report of the jurv, or appointing an overseer to cut out the road, which would have been equivalent to such order. Parties cannot be permitted to remove a case of this kind into a superior court, without making resistance in the court of original jurisdiction. Let the judgement of the Circuit Court be affirmed.
2Cited by3 opinions
- Commissioners Court v. HearneSupreme Court of Alabama · 1877
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Moore v. HancockSupreme Court of Alabama · 1847