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SOUTHERN RAILWAY COMPANY v. TODD

8 Div. 219.

184 So.2d 341 (1966)

SOUTHERN RAILWAY COMPANY v. Ashford TODD, Judge of Probate.

Supreme Court of Alabama.

Rehearing Denied March 31, 1966.

Attorney(s) appearing for the Case

Bell, Richardson, Cleary, McLain & Tucker, Huntsville, for appellant.

Chas. H. Younger, Huntsville, and Maurice F. Bishop, Birmingham, for appellee.

MERRILL, Justice.

This appeal is from a denial and dismissal by the circuit court of a petition for mandamus, in which appellant sought to have the Judge of the Probate Court of Madison County dismiss an amended petition of the City of Huntsville for condemnation of certain lands of appellant for the widening and straightening of a railroad crossing and one of its approaches.

The amended petition for condemnation by the City of Huntsville was heard before...

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