155 So. 536 | Ala. | 1934
On a former appeal, Nashville, C. St. L. Ry. Co. v. Town of Boaz et al.,
After remandment of the cause, the municipal board proceeded to retrace their steps and corrected the error in the proceedings pointed out on the former appeal and filed a supplemental return of the corrected proceedings in the circuit court. This return was recognized by the circuit court, and the court over the objection of the appellant affirmed the entire proceedings.
In Pierce v. City of Huntsville,
In response to the notice given in the supplementary proceedings, the appellant appeared, filed numerous objections, pointing out therein numerous alleged irregularities, not amounting to "fundamental errors" — failure of the proceedings to show jurisdiction of the res — and now insists that by so appearing and objecting it avoided statutory estoppel and is in a more favorable position than it was on the former appeal. The answer to this contention is that such objections are without avail in a proceeding by common-law certiorari to quash the proceedings. As to such irregularities the property owner must seek relief by appeal from the judgment of the board to the circuit court. Nashville, C. St. L. Ry. Co. v. Town of Boaz et al., supra; Pierce v. City of Huntsville, supra; Garner v. City of Anniston,
We find no reversible error in the record and proceedings of the circuit court.
Affirmed.
ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.