Commissioners of Roads & Revenue v. Thompson
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Before the Hon. George W. Stone. This case arose out of the action of the Commissioners’ Court of Roads and Revenue on an application for a new road.
Read the full summary
Error to the Circuit Court of Talladega. Before the Hon. George W. Stone. This case arose out of the action of the Commissioners’ Court of Roads and Revenue on an application for a new road. It appears by the record that at a special term of said commissioners’ court, held on the 21st February, 1847, on a petition filed for that purpose, said court appointed a jury of review on the proposed road, and that at the regular May term of said court, the jury reported in favor of the road, and designated its route, &c., whereupon the court ordered it to be opened and established, and appointed an…
1Opinion of the CourtChilton, J.
The questions for our decision are-r-1. Can this writ of error lie in the name of the commissioners’ court ? 2. Can the action of that court be reversed on certiorari by petition of an individual showing injury to his private property by the action of the court ? 3. If the circuit court had jurisdiction, is the judgment quashing the order establishing the highway erroneous ?
*1371. The first question involves the correctness of the order passed in the circuit court, allowing the commissioners of roads and revenue to be made a party defendant in that court. If they were proper parties to resist the…
2Cases cited10 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Ex parte TarltonSupreme Court of Alabama · 1841
- Case of Schuylkill Falls' RoadSupreme Court of Pennsylvania · 1810
- John v. StateSupreme Court of Alabama · 1840
- Moore v. HancockSupreme Court of Alabama · 1847
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Parker v. Fort Worth & Denver City Railway Co.Texas Supreme Court · 1892
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Mayer v. AdamsWest Virginia Supreme Court · 1885
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
- Commissioners' Court v. ThompsonSupreme Court of Alabama · 1851
12 more not listed; retrieve them via the Exa API.