Wright v. Court Co. Com.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Petition by J. J. Wright for certiorari to quash and annul the proceedings of the court of commissioners of Geneva county establishing a stock law district. Prom an order denying the writ, the petitioner appeals.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Petition by J. J. Wright for certiorari to quash and annul the proceedings of the court of commissioners of Geneva county establishing a stock law district. Prom an order denying the writ, the petitioner appeals. The court is of limited jurisdiction, and every jurisdictional fact must appear of record. — Mayfield v. Com, Ct., 148 Ala. 548; Brazeel v. Blount County, 155 Ala. 196. The judgment ordering the election and declaring the result fails to ascertain the necessary jurisdictional facts as required by Acts 1909, p. 124. The…
1Opinion of the CourtMayfield, J.
-This is a common-laiv certiorari to the circuit court of Geneva county to quash a proceeding in the commissioners’ court of that county to establish a stock law district in precinct No. 5. The circuit court denied the application, and petitioner appeals.
As has been frequently decided by this court, unless proceedings of inferior courts are absolutely void they will not be quashed on common-law certiorari.
We are of the opinion that, upon the petition filed in the commissioners’ court to establish the stock law district in question, the statutes conferred jurisdiction on the court for that…
2Cases cited4 opinions
- Crowder v. Fletcher & Co.Supreme Court of Alabama · 1885
- Alabama Great Southern R. R. v. ChristianSupreme Court of Alabama · 1886
- Faust v. Mayor of HuntsvilleSupreme Court of Alabama · 1887
- City Council of Montgomery v. BelserSupreme Court of Alabama · 1875
3Cited by10 opinions
- Byars v. Town of BoazSupreme Court of Alabama · 1934
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Watkins v. City of DothanSupreme Court of Alabama · 1959
- Ex Parte WatkinsSupreme Court of Alabama · 1959
- Edwards v. Bibb County Board of CommissionersSupreme Court of Alabama · 1915
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