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15 Ala. 829

Barnett v. State

Supreme Court of Alabama

Decided January 15, 1849

Supreme Court of Alabama · decided 1849-01-15

Before the Hon. George Goldthwaite. This was a proceeding by certiorari, sued out at the instance of the State of Alabama ex rel. Dr. Francis L. Gilmer, to correct the errors of the commissioners’ court of roads and revenue of Montgomery county, in its action on an application of Thomas M. Barnett et als., to alter and change a pub-lie road.

Cited by 2 later decisions — most recently June 1919

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-01-15

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CHILTON, J.

¶1The precise points raised by the record before us, viz., whether the proceedings of the court of roads and revenue could be revised upon certiorari, upon the application.of a party injured thereby, as also, whether it was necessary for the record affirmatively to show, that the notice required to be given by the statute (Clay’s Dig. 507, § 3) had been given, were decided by this court at the last term, in the case of the Commissioners of Roads and Revenue v. Thompson, and ruled adversely to the plaintiffs in error.

¶2We have re-examined that case, as well as the authorities referred to by the counsel for the plaintiff-in error in this, and have come to the conclusion, that the principles of law are there correctly laid down. The case before us, must be affirmed, upon authority of that... Judgment accordingly.

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