Wiggins v. Skeggs

• Decision Date: 18 January 1911
• Parties: WIGGINS v. SKEGGS ET AL.
• Court: Alabama Supreme Court

54 So. 756

171 Ala. 492

WIGGINS v. SKEGGS ET AL.

Supreme Court of Alabama

January 18, 1911

Rehearing Denied Feb. 16, 1911.

Appeal from Chancery Court, Morgan County; W. H. Simpson Chancellor.

Bill by M. D. Wiggins against William E. Skeggs and others. Judgment for respondents, and plaintiff appeals. Affirmed in part, and reversed and rendered in part.

Bill by a citizen and taxpayer against the judge of probate and commissioners' court of Morgan county, and the road contractors, restraining probate judge and court of county commissioners from issuing warrants or vouchers to the contractors for the payment of any funds from the treasury of the county for work being done within the corporate limits of New Decatur, in the building of the road under a contract with the commissioners' court, and for a perpetual injunction restraining the same.

Arthur L. Brown and Tidwell & Sample, for appellant.

E. W Godbey, for appellees.

ANDERSON J.

The bill avers, and the fact is not disputed, that a part of the road in question is within the corporate limits of New Decatur. Such being the case, in the absence of legislative limitation or restriction the municipality, and not the county commissioners, had the exclusive jurisdiction over same. All highways in a city or incorporated town are streets, as distinguished from a public county road. McCain v. State, 62 Ala. 138. It is true the Legislature has the inherent power, in the absence of constitutional restriction, to control the highways of the state in or out of the limits of a municipal corporation; and it is insisted that Loc. Acts 1898-99, p. 1170, which is subsequent to the charter of New Decatur, designated so much of the road in question as a public county road, and conferred the jurisdiction over same to the county commissioners, that said act repealed or amended the charter to this extent, and notwithstanding said act was repealed by Loc. Acts 1900-01, p. 153, the said charter was not revived in this respect, because of the existence of section 45 of the Constitution of 1901.

We do not think Loc. Acts 1898-99, p. 1170, operated eo instante as a limitation or qualification of the jurisdiction of the municipality, or converted the space in question into a public county road. It merely authorized the construction by the county commissioners of a system of macadamized roads, to be known as "county roads." It did not convert the streets or highways of New Decatur into a county road, but merely authorized the county commissioners to build and construct a macadamized road on a part of one of said streets or highways of the municipality, and provided that it would become a county road when so built or constructed. It does not appear that said macadamized road was built or constructed, and the said act was repealed at the next session of the...