Nashville, C. & St. L. R. Co. v. Town of Boaz
Decision Date | 07 June 1934 |
Docket Number | 8 Div. 536. |
Court | Alabama Supreme Court |
Parties | NASHVILLE, C. & ST. L. RY. CO. v. TOWN OF BOAZ et al. |
Rehearing Denied June 28, 1934.
Appeal from Circuit Court, Marshall County; A. E. Hawkins, Judge.
Petition of the Nashville, Chattanooga & St. Louis Railway Company for common-law certiorari to the Town of Boaz and J. B. Barrett as Clerk of the Town Council thereof, to review an assessment of property for street improvements. From a judgment affirming the assessment, petitioner appeals.
Affirmed.
Street & Bradford, of Guntersville, for appellant.
H. G Bailey, of Boaz, for appellees.
On a former appeal, Nashville, C. & St. L. Ry. Co. v. Town of Boaz et al., 226 Ala. 441, 147 So. 195, 197, "The external regularity of the proceedings, relating to the adoption of the ordinance fixing the grade of Mill street and the ordinance providing for the improvement," was affirmed, but the judgment of the circuit court affirming the proceedings in their entirety was reversed because the minutes of the board in respect to the meetings held on October 8, 1929, and October 31, 1929, were lacking in necessary recitals as to the making and filing of the roll of assessments and the notice thereof.
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, 185 Ala. 490, 496, 64 So. 301, 303, it was observed:
In response to the notice given in the supplementary proceedings, the appellant appeared, filed numerous objections,...
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