Woodward Iron Co. v. Cabaniss
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Heard, before the Hon. James B. Head. In the matter of the petition of the Woodward Iron Company, a private corporation, addressed to the presiding judge of said circuit, for a 'writ of prohibition, mandamus, or other appropriate process, directed to Hon. E. H. Cabaniss, presiding as special judge of probate in and for said county of Jefferson, “restraining and prohibiting him from further proceedings” in the matter of a petition…
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Appeal from the Circuit Court of Jefferson. Heard, before the Hon. James B. Head. In the matter of the petition of the Woodward Iron Company, a private corporation, addressed to the presiding judge of said circuit, for a 'writ of prohibition, mandamus, or other appropriate process, directed to Hon. E. H. Cabaniss, presiding as special judge of probate in and for said county of Jefferson, “restraining and prohibiting him from further proceedings” in the matter of a petition filed by the Birmingham, Powderly & Bessemer Street Bailroad Company, another corporation organized under the general…
1Opinion of the CourtSomerville, J.
-The application is for a writ of prohibition, mandamus, or other appropriate writ, directed to the appellee, sitting as special judge for the trial of an ad quod damnum proceeding pending in the Probate Court of Jefferson county, and seeking to restrain him from further proceeding in the cause.
The ground upon which the petition rests is the alleged *330unconstitutionally of the present statute providing for the condemnation of lands for public uses. — Code of 1886, §§ 3207-3220. The particular objection urged is, that the statute fails to provide for the right of trial by jury, on appeal from…
2Cases cited1 opinion
- Montg. So. Railway Co. v. SayreSupreme Court of Alabama · 1882
3Cited by13 opinions
- Gilbreath Ex Rel. Watson v. WallaceSupreme Court of Alabama · 1974
- Reeves v. StateSupreme Court of Alabama · 1892
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
- Odum v. Rutledge & Julian RailroadSupreme Court of Alabama · 1891
- Collins v. StateSupreme Court of Alabama · 1889
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