Legal Opinion

Crosswhite v. Commissioners Court

Supreme Court of Alabama

Decided June 2, 1909PublishedCited by 1 opinion

Appeal from Colbert Circuit Court. Heard before Hon. Charles P. Almon. Action by J. CrosswMte against the Commissioners'. Court of Colbert County. From an order of the circuit court quashing a writ of certiorari, plaintiff appeals.

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Appeal from Colbert Circuit Court. Heard before Hon. Charles P. Almon. Action by J. CrosswMte against the Commissioners'. Court of Colbert County. From an order of the circuit court quashing a writ of certiorari, plaintiff appeals. Appellant was entitled to certiorari, and certiorari was the proper remedy. — Commissioners v. Blount, 145 Ala. 553. While the petition may not have been void on account of the inclusion of certain elements not mentioned in the statute (S'ection 5882, Code 1907) the inclusion of these elements in the order granting the petition and granting the election rendered…

1Opinion of the CourtMcCLELLAN, J.

Appeal from an order of the circuit court of Colbert county quashing a writ of certiorari whereby it was sought to annul the creation by the commissioners’ court of a defined “stock district."’ The petition prayed an election for the purpose of taking the popular will whether “hogs, sheep, geese, and goats” should be permitted to run at large, in a described precinct, and to malee a three-wire fence a lawful fence. The order granting the petition and calling the election followed the petition, and directed that an election be held upon the question set forth in the petition. In determining…

2Cases cited2 opinions

  1. Ex parte Selma & Gulf RailroadSupreme Court of Alabama · 1871
  2. Henry v. Board of RevenueSupreme Court of Alabama · 1907

3Cited by1 opinion

  1. McLaughlin v. HardwickAlabama Court of Appeals · 1915

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