Legal Opinion

Sultzner v. State

Supreme Court of Alabama

Decided January 15, 1869PublishedCited by 6 opinions

Appeal from City Court of Mobile. Tried before Hon. H. Chamberlain. The appellant, Frederick Sultzner, was indicted, tried' and convicted, in the city court of Mobile, for obstructing; a public road in Mobile county. The opinion fully sets out the facts and errors assigned..

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Appeal from City Court of Mobile. Tried before Hon. H. Chamberlain. The appellant, Frederick Sultzner, was indicted, tried' and convicted, in the city court of Mobile, for obstructing; a public road in Mobile county. The opinion fully sets out the facts and errors assigned.. The question to-be decided in this case is whether a certain space,, which had been open and used as a passway, and had been closed by the owner of the land, was or was, not a public road or highway under the laws of the State. Sultzner was indicted for closing it, which he claimed, he-had the right to do ; but the court…

1Opinion of the CourtB. E. Saeeold, J.

The appellant was indicted for obstructing a public road, in the county of Mobile. The evidence to sustain this indictment was, substantially, that there was a street, road, or passway, called Houston street, outside of the limits of the city of Mobile, crossing, at right angles, Government street, in its extension beyond the city. The portion of this street claimed to have been obstructed, was north of Government street, about fifty feet wide, and bounded on each side by a fence. Its northern extension was some distance to a place in the open woods, where there was a swamp, passable only in…

2Cases cited5 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
  3. Hair v. LittleSupreme Court of Alabama · 1856
  4. Doe ex dem. Kennedy's Ex'rs v. JonesSupreme Court of Alabama · 1847
  5. Antones v. Heirs of EslavaSupreme Court of Alabama · 1839

3Cited by6 opinions

  1. Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
  2. Trump v. McDonnellSupreme Court of Alabama · 1898
  3. Morse v. ZeizeSupreme Court of Minnesota · 1885
  4. Moragne v. City of GadsdenSupreme Court of Alabama · 1911
  5. Stephens v. StateSupreme Court of Alabama · 1872

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