Parnell v. Comm'rs' Court of Dallas Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cooe. The record in this case shows these facts: On the application of Elijah- Bell and others, for the establishment of ^public road in said county of Dallas, the commissioners’ court of said county, at its May term, 1858,' appointed a jury “to view and mark out” the proposed road. On the 14th June following, in vacation, the jury returned their report to the court.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cooe. The record in this case shows these facts: On the application of Elijah- Bell and others, for the establishment of ^public road in said county of Dallas, the commissioners’ court of said county, at its May term, 1858,' appointed a jury “to view and mark out” the proposed road. On the 14th June following, in vacation, the jury returned their report to the court. On the 21st June, the court appointed an overseer, and directed him to open the road. The overseer thus appointed proceeded to open the road, summoned the…
1Opinion of the Court
A. J. WALKER, O. J.
The appellant asserts the proposition, that any one owning slaves, who lives so near the route of a contemplated road that his slaves might be called out to work upon the same, may, by certiorari, obtain the revision of an order establishing a public road. If the liability of-slaves to work upon a road gives the owner such an interest that he may sue out a certiorari in the matter of the establishment of a public road, certainly a man residing within such distance as to be liable to be called to work upon a road might also sue out a certiorari; for a man’s own time and…
2Cases cited4 opinions
- Barr v. StevensCourt of Appeals of Kentucky · 1808
- Creswell v. Comm'rs' Court of Greene Co.Supreme Court of Alabama · 1854
- Hill v. BridgesSupreme Court of Alabama · 1837
- Moore v. HancockSupreme Court of Alabama · 1847
3Cited by4 opinions
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Matkin v. Marengo CountySupreme Court of Alabama · 1902
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
- Tallassee Falls Mfg. Co. v. JonesSupreme Court of Alabama · 1900