Stollenwerck v. Elmore County
Supreme Court of Alabama
-Appeal from Circuit Court, Elmore County; W. M. Lackey, Judge. Condemnation proceeding by the County of Elmore against Frank Stollenwerck and others. From judgment dismissing appeal to the circuit court of certain respondents, they appeal.
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-Appeal from Circuit Court, Elmore County; W. M. Lackey, Judge. Condemnation proceeding by the County of Elmore against Frank Stollenwerck and others. From judgment dismissing appeal to the circuit court of certain respondents, they appeal. AVhere the appeal is by several owners, several distinct notices are not required; one notice is sufficient. 20 Oyc. 1105; 20 C. J. 1092; Larson v. Superior, 64 Wis. 59, 24 N. W. 487; Weyer v. M. & L. W. R. Co., 57 Wis. 329, 15 N. W. 481; Code 1907, §§ 3875, 3861; Newton v. Ala. Midland, 99 Ala. 468, 13 South. 259. Amendments to meet appellee’s objections…
1Opinion of the CourtGardner, J.
The county of Elmore filed a petition in the probate court of that county seeking condemnation of certain lands therein located, for the establishment of a public highway. The petition contained a number of paragraphs in which were separately described various tracts of land sought to-he condemned, and the names of the several owners thereof. Among the respondents to said petition were Frank Stollenwerck, Henry O. Jones, and the Alabama Bridge & Road Company, a corporation. The cause, coming on to be heard, was continued as to all other respondents, and proceeded to trial against those above…
2Cases cited2 opinions
- Larson v. Superior Short Line Railway Co.Wisconsin Supreme Court · 1885
- Jones v. EtheridgeSupreme Court of Alabama · 1837
3Cited by8 opinions
- Alabama Power Co. v. HerzfeldSupreme Court of Alabama · 1927
- Harvey v. WarrenSupreme Court of Alabama · 1925
- City of Eufaula, Alabama v. PappasDistrict Court, M.D. Alabama · 1963
- Weldon v. StateCourt of Civil Appeals of Alabama · 1985
- City of Birmingham v. McConnellSupreme Court of Alabama · 1933
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