Rather v. State
Supreme Court of Alabama
Error ■ from Tuscaloosa Circuit Court — Before the Hon. A. Crenshaw. This casé was founded on a notice issued bythe Attorney General against the plaintiffs in error, preparatory to a motion for j udgment, for the obstruction of a public road by Harriet Rather, the wife of the plaintiff James. The notice was issued in the name of the state, returnable on the 2d Monday of the term, and was continued from time to time, until disposed of.
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Error ■ from Tuscaloosa Circuit Court — Before the Hon. A. Crenshaw. This casé was founded on a notice issued bythe Attorney General against the plaintiffs in error, preparatory to a motion for j udgment, for the obstruction of a public road by Harriet Rather, the wife of the plaintiff James. The notice was issued in the name of the state, returnable on the 2d Monday of the term, and was continued from time to time, until disposed of. A motion was made by counsel, as amicus caries, to dismiss the rule because not made at the time mentioned in the notice, and in favor of the proper plaintiff —…
1Opinion of the Court
By Mr. Justice Saffold :
This case has been brought up on- points reserved in the Circuit Court. The proceedings are founded on a notice given by the Attorney General to the defendants, to answer a motion made against them, for judgment at the rate of five dollars a day, (during the continuance of the nuisance) for failing to remove a fence which Harriett Rather, the wife of '. James Rather, had Greeted across the public road. On the day mentioned in the notice, a mo! ion was made by-the At- • torney General for judgment in favor of the state, for the amount forfeited, according to the…
2Cases cited1 opinion
- Bettis v. NicholsonSupreme Court of Alabama · 1828