Smith v. Commissioners of Roads

Supreme Court of Alabama

Smith v. Commissioners of Roads

1 Stew. 183

CourtSupreme Court of Alabama

DecidedJanuary 15, 1827

StatusPublished

Cited by3 cases

This text of 1 Stew. 183 (Smith v. Commissioners of Roads) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

1 Stew. 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-commissioners-of-roads-ala-1827.

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