Central of Georgia Railway Co. v. Alabama & Florida Railroad
Supreme Court of Alabama
Appeal from the Probate Court of Covington. Heard before the Hon. J. M. Kobinson. The appellee, the Alabama & Florida Railroad, filed its application in the probate court of Covington county to have a right of way condemned across the road of the Central of Georgia Railroad at a point in Andalusia. Upon tlie filing of the petition, a day was set for the hearing of the cause. On the hearing there was testimony offered by each party.
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Appeal from the Probate Court of Covington. Heard before the Hon. J. M. Kobinson. The appellee, the Alabama & Florida Railroad, filed its application in the probate court of Covington county to have a right of way condemned across the road of the Central of Georgia Railroad at a point in Andalusia. Upon tlie filing of the petition, a day was set for the hearing of the cause. On the hearing there was testimony offered by each party. After hearing all the evidence, the court rendered a decree in “which it was “ordered, adjudged and decreed by the court that the application of the said Alabama &…
1Opinion of the CourtTyson, J.
In 'construing sections 1717 and 1720 of the Code, this court said in Birmingham Railway & Electric Co. v. Birmingham Traction Co., 128 Ala. 110: “The right of appeal under section 1717 may be exercised at any time within the thirty days allowed, provided it is so exercised before any order is made on the report of the commissioners under section 1720 at which time the right of appeal under this latter statute arises.” We have no disposition to depart from the principles declared in that case. Every question involved in the case was thoroughly considered, and what was there said, we now…
2Cases cited1 opinion
- Birmingham Railway & Electric Co. v. Birmingham Traction Co.Supreme Court of Alabama · 1900