Brooks v. Kirby
Supreme Court of Alabama
Error to the Circuit Court of Tuskaloosa. Tried before the Hon. John D. Phelan. Daniel 0. Brooks petitioned the Commissioners’ Court of Tuskaloosa, for the establishment oí a private road across an enclosure in the occupancy of John Kirby.
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Error to the Circuit Court of Tuskaloosa. Tried before the Hon. John D. Phelan. Daniel 0. Brooks petitioned the Commissioners’ Court of Tuskaloosa, for the establishment oí a private road across an enclosure in the occupancy of John Kirby. He alleged in his petition, that he owned lands on each side of said enclosure; that he, and those under whom ho claimed, had used a right of way across the enclosure for twenty years, during which time it had been waste and unoccupied land; that Kirby had recently purchased and enclosed it, and thereby subjected petitioner to great trouble and…
1Opinion of the CourtChilton, J.
It was early decided by this court, that nb appeal or writ of error would lie from the Commissioners’ Court of roads and revenue, to the Circuit or Supreme Court.—Ricks v. Hall, 4 Por. 178; Tarleton, ex parte, 2 Ala. 35; Hill v. Bridges, 6 Por. 197; hut if the Commissioners’ Court proceeds to lay out a road to the injury of a party, the person so aggrieved has Ms remedy by certiorari to the Circuit Court, and by writ of error from that court to this. — Commissioners’ Talladega Co. v. Thompson, 15 Ala. 134; Barnett v. The State, ib. 829. So also, when that court, in a proper case for its…
2Cases cited3 opinions
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Ex parte TarltonSupreme Court of Alabama · 1841
- Cuthbert v. LewisSupreme Court of Alabama · 1844
3Cited by1 opinion
- Steele v. County CommissionersSupreme Court of Alabama · 1887