Lusk v. Capehart
Supreme Court of Alabama
' Appeal from the Oir'cuit Court of Marshall. ' Tried before the Hon. J. A. Bilbro. The proceedings in this" case were had in a controversy between L. D. Lusk and ’S. C. Capehart oyer the right to establish and operate' a ferry at Gunter’s Landing in Marshall county, and originated in the commissioners court of said county.
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' Appeal from the Oir'cuit Court of Marshall. ' Tried before the Hon. J. A. Bilbro. The proceedings in this" case were had in a controversy between L. D. Lusk and ’S. C. Capehart oyer the right to establish and operate' a ferry at Gunter’s Landing in Marshall county, and originated in the commissioners court of said county. After the rendition of a decree 'by said commissioners court granting to said S. C. Capehart a license to establish and operate a ferry at said Gunter’s Landing, L. D. Lusk filed a petition, addressed to the judge of the city court of Gadsden, asking for a common law writ…
1Opinion of the Court
DOWDELL, J
This was a proceeding by petition in the circuit court of Marshall county for a common law ■’writ of 'certiorari for the purpose of reviewing certain proceedings had by-the commissioners’ 'court of said county in the granting of a ferry license. The appeal is taken from the final judgment of the circuit court rendered by said court on the hearing of said petition, and *601■which purports to have been rendered on the 22nd day of April, 1899. The record shows that on September 1st, 1899, an agreement was entered into by counsel whereby it was agreed, “that the decree rendered by the court…
2Cases cited2 opinions
- Holtzclaw v. WareSupreme Court of Alabama · 1859
- Gardner v. IngramSupreme Court of Alabama · 1886
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- Ireland v. BrownAlabama Court of Appeals · 1912
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- Long v. Winona Coal Co.Supreme Court of Alabama · 1921