Keenan v. Comm'rs' Court of Dallas Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Coos. . IN the matter of William P. Molett’s application for the establishment of a public road, which was contested by thu appellant, M. J. Keenan.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Coos. . IN the matter of William P. Molett’s application for the establishment of a public road, which was contested by thu appellant, M. J. Keenan. The order of the Commissioners’ Court, establishing the road, is as follows: “ It is ordered and adjudged that the road be established according to the aforesaid application and petition; and thereupon the court selected and appointed seven disinterested house-holders of the county of Dallas,” (whose names are here set out,) “ to view and marl? out the best route for the said…
1Opinion of the CourtRice, J.
—Summary proceedings in the Court of County Commissioners, under the Code, to take away a man’s land against his will, for the purpose of establishing a new public road, cannot be sustained, when assailed on certiorari.' unless the record of the proceedings shows that the court had jurisdiction, and that the jurisdiction has been exercised in the mode prescribed by the Code.—Rex v. Croke, 1 Cowper’s Rep. 26; 3 Phillips on Ev. 987; Caskey v. The State, 6 Ala. Rep. 193; Cloud v. Barton, 14 Ala. R. 341.
The mode of proceeding in such cases is prescribed by sections 1132,1133, 1134 and 1135 of the…
2Cases cited1 opinion
- Caskey v. StateSupreme Court of Alabama · 1844
3Cited by7 opinions
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Mayfield v. Court of County Com. Tuscaloosa CountySupreme Court of Alabama · 1906
- Commissioners Court v. HearneSupreme Court of Alabama · 1877
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
- Jefferson County v. Berkshire Development Corp.Supreme Court of Alabama · 1964
2 more not listed; retrieve them via the Exa API.