Jackson v. Bohlin
Alabama Court of Appeals
, Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Action by C. W. Boldin against Jos. H. Jackson and others. From a judgment for plaintiff, defendants appeal. The third plea was: That said defendants at the time of the matters complained of and prior thereto constituted the board of revenue and road .commissioners of Mobile county.
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, Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Action by C. W. Boldin against Jos. H. Jackson and others. From a judgment for plaintiff, defendants appeal. The third plea was: That said defendants at the time of the matters complained of and prior thereto constituted the board of revenue and road .commissioners of Mobile county. That on March 9, 1914, plaintiff appeared before them as such a board, and asked permission of said board to change the direction of the road on the north half of the north half of section 13, across from Union Church. That on March 16, 1914,…
1Opinion of the CourtBrown, P. J.
[1] The third plea was subject to the objection taken by the demurrers, that it does not show that the board of commissioners of roads and revenue of Mobile county had jurisdiction over the road in question, or colorable jurisdiction which fairly called for the exercise of judgment with respect thereto, and that the action of the board involved an affirmative decision that the board had jurisdiction of the subject-matter and of the person, and that the members of the board determined in good faith, without malice, that the case presented called for the exercise of such jurisdiction. Broom v.…
2Cases cited22 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
- Brinkmeyer v. BetheaSupreme Court of Alabama · 1903
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3Cited by7 opinions
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- Johnson v. MartinCourt of Civil Appeals of Alabama · 1982
- Dixie Construction Co. v. McCauleySupreme Court of Alabama · 1924
- Illinois Cent. R. Co. v. ElliottAlabama Court of Appeals · 1919
- Beverly v. StateAlabama Court of Appeals · 1939
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