Benedict v. Board of Revenue & Road Commissioners of Mobile County
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Petition by. J. Benedict for certiorari to quash the order of the Board of Revenue and Road Commissioners of Mobile County, establishing a stock law district. Prom a judgment denying the relief prayed, petitioners appeal.
Read the full summary
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Petition by. J. Benedict for certiorari to quash the order of the Board of Revenue and Road Commissioners of Mobile County, establishing a stock law district. Prom a judgment denying the relief prayed, petitioners appeal. The order is void because it does not appear that the petition was signed by at least five freeholders residing in the district as established by the board as a stock district, it not being sufficient that it was signed by five freeholders of the district sought to be established. — Joiner v. Winston,…
1Opinion of the CourtMayfield, J.
This is a common-law certiorari proceeding, and seeks to quash an order or judgment of the board of revenue, etc., for Mobile county, establishing a certain stock law district in such county.
The specific objection most strongly urged against the validity of the order or judgment complained of is that the initial petition filed in or with said board, by which the jurisdiction of the board attached, if at all, did not affirmatively show, on its face, that it contained the names of five freeholders residing within the district actually established, as is required by the statute (Acts 1900-01, p.…
2Cases cited2 opinions
- Mayfield v. Court of County Com. Tuscaloosa CountySupreme Court of Alabama · 1906
- Cushman v. Commissioner's CourtSupreme Court of Alabama · 1909
3Cited by6 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Edwards v. Bibb County Board of CommissionersSupreme Court of Alabama · 1915
- Browning v. St. Clair CountySupreme Court of Alabama · 1916
- Busby v. StateAlabama Court of Appeals · 1922
- Linch v. ScottAlabama Court of Appeals · 1922
1 more not listed; retrieve them via the Exa API.