Thompson v. State
Supreme Court of Alabama
Ebeoe to tbe Circuit Court of Talladega. Tried before tbe Hon. Rorert Dougherty. Tbe plaintiff in error was indicted in. tbe court below, for obstructing a public highway.
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Ebeoe to tbe Circuit Court of Talladega. Tried before tbe Hon. Rorert Dougherty. Tbe plaintiff in error was indicted in. tbe court below, for obstructing a public highway. On tbe trial in tbe court below, as appears by tbe bill of exceptions, tbe State showed an order of tbe Commissioners’ Court of ..Revenue and Roads of Talladega county, establishing tbe road mentioned in tbe indictment, at tbe regular August term of said court, in tbe year 1850, and dividing it into precincts, and appointing overseers, who are ordered to open said road according to law. It was further proved, that tbe road…
1Opinion of the CourtLigon, J.
— Tbe act of 1836 (Clay’s Dig. 509, § 11), provides tbat “ the judge of the County (now Probate) Court shall have the authority of making temporary appointments, and filling vacancies, which may occur from any cause, in either of said offices, (apportioners of hands and overseers of roads), and is hereby required to do so.” This act invests the judge of the Probate Court, without the aid of the Commissioners of Revenue and Eoads, with full power to fill any vacancies in the office of overseer of roads, after a regular appointment has been made, and a vacancy arises from any cause whatever.
The…
2Cases cited3 opinions
- Wilcox v. SmithNew York Supreme Court · 1830
- Flournoy v. ClementsSupreme Court of Alabama · 1845
- Garner v. ClaySupreme Court of Alabama · 1827
3Cited by4 opinions
- Diggs v. StateSupreme Court of Alabama · 1873
- Fulton v. Town of AndreaSupreme Court of Minnesota · 1897
- Chancey v. StateSupreme Court of Alabama · 1911
- Irwin v. Jefferson CountySupreme Court of Alabama · 1934