Molett v. Keenan
Supreme Court of Alabama
ERROR to the Circuit Court of Dallas. Tried before tbe Hon. NathAN Cook.. This was a proceeding originally commenced in the Commissioners’ Court of Roads and Revenue in Dallas county, at the instance of the plaintiff in error and others, for the purpose of establishing a new road. The Commissioners’ Court granted the prayer of the petitioners, and empanneled a jury to view and lay out the road, according to the statute in such case made and provided.
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ERROR to the Circuit Court of Dallas. Tried before tbe Hon. NathAN Cook.. This was a proceeding originally commenced in the Commissioners’ Court of Roads and Revenue in Dallas county, at the instance of the plaintiff in error and others, for the purpose of establishing a new road. The Commissioners’ Court granted the prayer of the petitioners, and empanneled a jury to view and lay out the road, according to the statute in such case made and provided. The order establishing the road and empanneling the jury was made at the February term, of said court, 1852; at the May term following, the jury…
1Opinion of the CourtGtbbons, J.
The Commissioners’ Court of Eoads and Revenue is a court of special, limited jurisdiction, and its. proceedings, to be valid, must show upon their face affirmatively, that the court has acquired jurisdiction of the subject matter by taking those preliminary steps directed by the statute, in cases providing for its action.
This was the doctrine held in the case of The Commissioners of Roads and Revenue of Talladega county v. Thompson, 15 Ala. 134; and the same doctrine was re-asserted at the present term of this court in the case of Lamar v. Commissioners of Roads and Revenue of Marshall…
2Cases cited3 opinions
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Long v. Commissioners' CourtSupreme Court of Alabama · 1850
3Cited by10 opinions
- Parker v. Fort Worth & Denver City Railway Co.Texas Supreme Court · 1892
- Mayfield v. Court of County Com. Tuscaloosa CountySupreme Court of Alabama · 1906
- Commissioners Court v. HearneSupreme Court of Alabama · 1877
- Mayer v. AdamsWest Virginia Supreme Court · 1885
- Crowder v. Fletcher & Co.Supreme Court of Alabama · 1885
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