Mobile & G.R. Co. v. Commissioners' Court of Pike County
| Decision Date | 09 November 1892 |
| Citation | 97 Ala. 105,11 So. 732 |
| Parties | MOBILE & G. R. CO. v. COMMISSIONERS' COURT OF PIKE COUNTY. |
| Court | Alabama Supreme Court |
Appeal from criminal court, Pike county; WILLIAM H. PARKS, Judge.
Petition by the commissioners' court of Pike county for a writ of mandamus to compel the Mobile & Girard Railroad Company to place public roads in condition where crossed by its railroad. The petition was granted, and the company appeals. Reversed.
Gardner & Wiley, for appellant.
M N. Carlisle, for appellee.
The act conferring on the criminal court of Pike county the "authority to grant *** writs of certiorari mandamus, and supersedeas, and all other remedial writs which are granted by judges at common law," is not open to the constitutional objection that its subject-matter is not expressed in its title. The title of the act, so far as it need be stated here, is "to amend section 23 of an act to establish a criminal court for the county of Pike, with criminal jurisdiction in misdemeanor cases," etc. This section 23 in the original act related to, provided for, and prescribed the jurisdiction of the court. The act under consideration, amending this section, also relates to provides for, and prescribes that jurisdiction, and extends the same to the grant of writs of certiorari, mandamus, and supersedeas. The subject of the section is jurisdiction. The reference in the title of the amendatory act to the number of the section is a sufficient expression in the title of this act to cover any provision relating, as the one in question does, to the jurisdiction of the court. Ex parte Cowert, 92 Ala. 94, 9 South. Rep. 225. This is an appeal from an order of said criminal court awarding a mandamus to compel the Mobile & Girard Railroad Company to place certain public roads, at points where it is alleged that company had built a railway across them, in a condition satisfactory to the commissioners' court of Pike county, as required by section 1581 of the Code. The rule nisi was served on certain civil engineers who had charge of the construction of the railway. They appeared, and alleged in their answer that they were not the agents of the Mobile & Girard Railroad Company, but were in the employment either of the Central Railroad & Banking Company of Georgia, which had possession and control of the Mobile & Girard Railroad, and was building this extension thereof, under a lease for 99 years, or of the...
To continue reading
Request your trial