46 So. 585 | Ala. | 1908
Since the taking of the appeal in this case a proper appeal bond has been executed. This answers the motion made to dismiss the appeal for want
The purpose of the certiorari is to review the proceedings had in the commissioners’ court as they appear of record in that court, and to that end the writ of certio-rari directs that the proceedings had in that court be certified to the circuit court, to which latter court the writ is made returnable. It is on the face of the return so certified to the circuit court in response to the writ that the cause is heard and determined. On the face of the proceedings had in the commissioners’ court as shown by the return, under the authority of Brazeel v. Commissioners’ Court of Blount Co., post 196, 46 South. 584, the petition for the holding of a stock law election in the case before us contained the essential jurisdictional averments under the statute.
The petition was for the holding of an election in precinct NO'. 9 of DeKalb county, and whether Ft. Payne, an incorporated town, is situated in said precinct can be of no consequence, since the act in question provides that the act shall not apply to incorporated towns and cities, and, of consequence, the holding of such election and its results cannot affect the incorporated town or city, and only affects that part of the territory of the precinct without such town or city.
It appearing on the face of the return to the writ that the court of county commissioners possessed jurisdiction, and its orders subsequent to> jurisdiction acquired
Reversed and rendered.
