Smith v. Commissioners of Roads

Supreme Court of Alabama

Smith v. Commissioners of Roads

1 Stew. 183

Supreme Court of Alabama·Decided January 15, 1827·Published·Cited by 3 cases

Opinion

JUDGE TAYLOR

delivered the opinion of the Conn.

It was premature to sue out a certiorari before the County Court had made out an order confirming the report of the jurv, or appointing an overseer to cut out the road, which would have been equivalent to such order. Parties cannot be permitted to remove a case of this kind into a superior court, without making resistance in the court of original jurisdiction. Let the judgement of the Circuit Court be affirmed.

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JUDGE TAYLOR

delivered the opinion of the Conn.

It was premature to sue out a certiorari before the County Court had made out an order confirming the report of the jurv, or appointing an overseer to cut out the road, which would have been equivalent to such order. Parties cannot be permitted to remove a case of this kind into a superior court, without making resistance in the court of original jurisdiction. Let the judgement of the Circuit Court be affirmed.

Smith v. Commissioners of Roads, 1 Stew. 183 (Ala. 1827).

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Opinion

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