Spann v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. Before the Hon. N. Cook. The plaintiff in error being proceeded against as a defaulting overseer of a road, offered to prove, that at the time he was appointed overseer of the road, by the commissioners’ court, he was, and has been ever since, a resident of the State of South Carolina. On the objection of the solicitor, the court excluded this testimony, and the defendant excepted. This is now assigned as error.
1Opinion of the CourtCollier, C. J.
The llth section of the act of 1836, “ to amend and consolidate the laws on the subject of public roads,” enacts, that “ if any person duly served with a copy of an order of his appointment as overseer or apportioner, shall fail or refuse to act, such person shall, within ten days if practicable, after such service, furnish a statement in writing, under oath, to the judge of the county court, of the reasons of his non-acceptance, and the said judge shall forthwith fill the vacancy, and cause such statement to be placed on the state docket of the next circuit court, and in the files of the…
2Cases cited1 opinion
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
3Cited by1 opinion
- Taylor v. StateSupreme Court of Alabama · 1906