Kelton v. Tavel
Supreme Court of Alabama
Appeal from Blount Circuit Court. Heard before Hon. E. C. Crowe. Prohibition by Zanie Tavel to prevent John F. Kelton as judge, and others, from entertaining proceedings for condemnation.
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Appeal from Blount Circuit Court. Heard before Hon. E. C. Crowe. Prohibition by Zanie Tavel to prevent John F. Kelton as judge, and others, from entertaining proceedings for condemnation. From an order to show cause why the petition should not be granted, the judge appeals- The objection that mineral lands cannot be condemned in such proceedings is untenable. — 10 A. & E. Enc. of Law 1101; Sec. 3484, Code 1907. The right of appeal cannot be denied. — Ex-•parte Campbell, 130 Ala. 171; Mayfield v. Court of County Commissioners, 148 Ala. 550. Defects in the organization of a corporation renders…
1Opinion of the CourtSimpson, J.
This appeal is from an order of the judge of the circuit court for Jefferson county for a rule nisi to the Judge of the probate court for Blount county, to show cause why a writ of prohibition should not be issued, prohibiting further prosecution of certain condemnation proceedings before said probate court. L. K. Moss, C. L. Moss and D. H. Brown, incorporators of the Warrior Mineral Railroad Company, and John H. Donoho, W. F. Fendley, and Robert Fowler, commissioners appointed by said probate judge, and said Warrior Mineral Railroad Company, are also made parties and -included in said writ.
Th…
2Cases cited3 opinions
- State ex rel. Union Depot Railroad v. Southern Railway Co.Supreme Court of Missouri · 1889
- Birmingham Railway & Electric Co. v. Birmingham Traction Co.Supreme Court of Alabama · 1898
- Ex parte DueSupreme Court of Alabama · 1897
3Cited by3 opinions
- Meeks v. Town of HooverSupreme Court of Alabama · 1970
- Hill v. WittmeierSupreme Court of Alabama · 1923
- Guy v. RobisonSupreme Court of Alabama · 1949