Commissioners Court v. Hearne
Supreme Court of Alabama
Appeal from the Circuit Court of Lowncles. Tried before the Hon. James Q,. Smith. Joseph T. Hearne filed a petition in the Circuit Court of Lowndes county, praying that a writ of certiorari be issued to the Court of County Commissioners of the said county, requiring it to certify the record of its proceedings “in the matter of the change of route of the public road, leading from Lowndesboro’ to the Montgomery and Benton road, and that all action on the decree for the change…
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Appeal from the Circuit Court of Lowncles. Tried before the Hon. James Q,. Smith. Joseph T. Hearne filed a petition in the Circuit Court of Lowndes county, praying that a writ of certiorari be issued to the Court of County Commissioners of the said county, requiring it to certify the record of its proceedings “in the matter of the change of route of the public road, leading from Lowndesboro’ to the Montgomery and Benton road, and that all action on the decree for the change of the said road be suspended.” The record shows that on the petition of a large number of persons the Court of County…
1Opinion of the Court
BBTCKELL, C. J.—
The continuous course of decision from an early day has been, that the Court of County Commissioners in reference to the establishment and change of public roads, exercises a quasi legislative authority, which other tribunals will not assume to revise or control, unless its action is productive of injury to, o*r interference with the rights of property of individuals. If in the establishment,, or the change of a public road, the lands of a private person-are to be taken, he has an individual interest involved, and on certiorari, the Circuit Court will at his instance…
2Cases cited3 opinions
- Molett v. KeenanSupreme Court of Alabama · 1853
- Keenan v. Comm'rs' Court of Dallas Co.Supreme Court of Alabama · 1855
- Smith v. Commissioners of RoadsSupreme Court of Alabama · 1827
3Cited by24 opinions
- Ferguson v. Commissioners' CourtSupreme Court of Alabama · 1914
- Poyner v. WhiddonSupreme Court of Alabama · 1937
- Mayfield v. Court of County Com. Tuscaloosa CountySupreme Court of Alabama · 1906
- Nashville, C. & St. L. Ry. Co. v. Town of BoazSupreme Court of Alabama · 1933
- Thompson v. Chilton CountySupreme Court of Alabama · 1938
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