Comm'rs' Count of Lowndes Co. v. Bowie
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. IN this ease, the commissioners’ court of Lowndes county, on the application of J. H. Robertson and others, granted an order changing one of the public roads of the county. The application was contested by Samuel W. Bowie, who was made a party to the proceedings for that purpose, and who removed the proceedings by certiorari into the circuit court.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. IN this ease, the commissioners’ court of Lowndes county, on the application of J. H. Robertson and others, granted an order changing one of the public roads of the county. The application was contested by Samuel W. Bowie, who was made a party to the proceedings for that purpose, and who removed the proceedings by certiorari into the circuit court. On the errors assigned in the circuit court, that court reversed the judgment and decree of the commissioners’ court, and quashed its proceedings. An exception was reserved…
1Opinion of the CourtA. J. Walker, C. J.
The appellee objects, at the threshold of this ease, that the court of county commissioners cannot prosecute an appeal to this court. In the Commissioners’ Court of Talladega County v. Thompson, *46315 Ala. 134, it was decided, in a controversy as to the establishment of a road, that a writ of error might be taken in the name of the commissioners’ court; and in the Commissioners’ Court of Russell County v. Tarver, 25 Ala. 480, this court took jurisdiction of an appeal by the commissioners’ court in asimilar controversy. These decisions are conclusive, in favor of the right of the court of county…
2Cases cited11 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Askew v. Hale CountySupreme Court of Alabama · 1875
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Travis County v. TrogdonTexas Supreme Court · 1895
- Matkin v. Marengo CountySupreme Court of Alabama · 1902
18 more not listed; retrieve them via the Exa API.