Faust v. Mayor of Huntsville
Supreme Court of Alabama
Appeal from tbe Circuit Court of Madison. Tried before tbe Hon. H. C. Speaks. In tbe matter of certain summary proceedings instituted by tbe corporate authorities of tbe city of Huntsville, for opening a new street tbrougb lands belonging to Jobn A. Faust and Ms wife, and for' assessing tbe damages thereby caused to tbeir property; on tbe petition of said Faust and wife for a writ of certiorari to revise and quasb tbe proceedings, on tbe ground tbat tbey were irregular,…
Read the full summary
Appeal from tbe Circuit Court of Madison. Tried before tbe Hon. H. C. Speaks. In tbe matter of certain summary proceedings instituted by tbe corporate authorities of tbe city of Huntsville, for opening a new street tbrougb lands belonging to Jobn A. Faust and Ms wife, and for' assessing tbe damages thereby caused to tbeir property; on tbe petition of said Faust and wife for a writ of certiorari to revise and quasb tbe proceedings, on tbe ground tbat tbey were irregular, illegal, unauthorized and void. The Circuit Court dismissed the certiorari and petition, on the ground that the proper…
1Opinion of the CourtSomeryille, J.
— The process is one of common-law certiorari, to bring before the Circuit Court for review .certain proceedings of the mayor and aldermen of the city of Huntsville in laying out a street over the lands of the appellants, situated within the municipal limits. The proceedings of condemnation were under section 19 of the charter of that city, which was enacted and approved March 3d, 1870 (Acts 1869-70, p. 423), and provides for the assessment of damages by a jury of commissioners, or viewers, appointed by the mayor of the city.
The Circuit Court dismissed the petition out of that court, and this…
2Cases cited14 opinions
- Allen v. LouisianaSupreme Court of the United States · 1881
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Powell v. StateSupreme Court of Alabama · 1881
- Paul v. City of DetroitMichigan Supreme Court · 1875
- President of Ottawa v. County of La SalleIllinois Supreme Court · 1851
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Maxwell v. StateSupreme Court of Alabama · 1889
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Byars v. Town of BoazSupreme Court of Alabama · 1934
- Wright v. Court Co. Com.Supreme Court of Alabama · 1913
- Middleton v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1934
4 more not listed; retrieve them via the Exa API.