Ex parte Keenan
Supreme Court of Alabama
MotioN for a mandamus against tbe Hon. Ezekiel Pick-ens, Judge of tbe Second Judicial Circuit. made application to tbe Hon. E. Pickens for a certiorari, to remove into tbe Circuit Court certain proceedings bad by tbe Commissioners’ Court of Dallas in tbe establishment of a road.
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MotioN for a mandamus against tbe Hon. Ezekiel Pick-ens, Judge of tbe Second Judicial Circuit. made application to tbe Hon. E. Pickens for a certiorari, to remove into tbe Circuit Court certain proceedings bad by tbe Commissioners’ Court of Dallas in tbe establishment of a road. Tbe petition alleged tbat tbe road, as established, ran two miles through tbe petitioner’s land, and tbat tbe thirty days’ notice required by tbe statute bad not been given previous to tbe order establishing it. Tbe proceedings of tbe Commissioners’ Court are appended to tbe petition, and several other errors therein…
1Opinion of the CourtChilton, J.
— This is an application for a mandamus to tbe Honorable Ezekiel Pickens, Judge of tbe Second Judicial Circuit, to command him to award a certiorari to bring before tbe Circuit Court of Dallas county certain proceedings bad before tbe Commissioners’ Court of Eoads and Revenue establishing a road, tbat tbe same might be reviewed.
Judge Pickens waives tbe alternative mandamus, and consents tbat tbe petition here filed be considered as true, and also admits tbat be refused to grant tbe fiat for tbe writ of certiorari, because be was of opinion tbe petition, although it might show legal error, did…
2Cases cited2 opinions
- Lawson v. OrearSupreme Court of Alabama · 1845
- Stone v. Stone ex rel. UnderwoodSupreme Court of Alabama · 1840
3Cited by7 opinions
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- Mims v. SturdevantSupreme Court of Alabama · 1853
- Benton v. TaylorSupreme Court of Alabama · 1871
- Ex Parte National Lumber Mfg. Co.Supreme Court of Alabama · 1906
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