Legal Opinion

Matkin v. Marengo County

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 36 opinions

Appeal from tlie Chancery Court'of 'Marengo. Heard before the Hon. Thos. H. Smith. The appellants, Titos. D. Matkin and Preston B. Glass, resident tax payers of Marengo county, filed a hill against Marengo county, Samuel P. Pro-well, individually, and as, judge of probate,of -said county, and, against: the court' of county commissioners, and the members thereof ¡individually, aud.F...M., Dodson, and W. T. Hand, in which is was averred that the court of county commissioners…

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Appeal from tlie Chancery Court'of 'Marengo. Heard before the Hon. Thos. H. Smith. The appellants, Titos. D. Matkin and Preston B. Glass, resident tax payers of Marengo county, filed a hill against Marengo county, Samuel P. Pro-well, individually, and as, judge of probate,of -said county, and, against: the court' of county commissioners, and the members thereof ¡individually, aud.F...M., Dodson, and W. T. Hand, in which is was averred that the court of county commissioners of Marengo ■ county, had, for the purpose of erecting a new court-house thereon,'secured a lot outside of the corporate…

1Opinion of the CourtDowdell, J.

The present appeal is prosecuted from the decree, of the chancellor dissolving- the temporary injunction theretofore granted in the case, and the rendition of this decree constitutes the only assignment of error on the record. The two principal questions, and indeed- the vital questions, involved in the controversy, and urged in argument by counsel, are, first, whether the court of county commissioners have the .power to remove or change the court house, from one lot to- another and different lot within the. limits of the territorial area designated by law and constituting the county seat,…

2Cases cited8 opinions

  1. Briarfield Iron Works Co. v. FosterSupreme Court of Alabama · 1875
  2. Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
  3. Johnson v. StateSupreme Court of Alabama · 1877
  4. Hays v. AhlrichsSupreme Court of Alabama · 1896
  5. Hill v. BridgesSupreme Court of Alabama · 1837

3 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Board of Revenue v. MerrillSupreme Court of Alabama · 1915
  2. Board of Revenue v. HueySupreme Court of Alabama · 1916
  3. O'Rear v. SartainSupreme Court of Alabama · 1915
  4. Thompson v. Chilton CountySupreme Court of Alabama · 1938
  5. Van Antwerp v. Board of Com'rsSupreme Court of Alabama · 1928

31 more not listed; retrieve them via the Exa API.

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