Thompson v. State
Supreme Court of Alabama
ERROR to tbe Circuit Court of Talladega. Tried before tbe Hou. E. Pickens. 1. Courts wbicb originate in tbe common law possess a jurisdiction wbicb must be regulated by tbe common law, until some statute shall change their established principles; but courts wbicb are created by written law, and whose jurisdiction is defined by written law, cannot transcend that jurisdiction. 4 Crancb, 93, 8 How.
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ERROR to tbe Circuit Court of Talladega. Tried before tbe Hou. E. Pickens. 1. Courts wbicb originate in tbe common law possess a jurisdiction wbicb must be regulated by tbe common law, until some statute shall change their established principles; but courts wbicb are created by written law, and whose jurisdiction is defined by written law, cannot transcend that jurisdiction. 4 Crancb, 93, 8 How. (U. S.) Rep. 441. 2. Where by statute a special authority is delegated to particular persons to take away a man’s property against his will, it must be strictly pursued, and must appear to be so upon…
1Opinion of the CourtChilton, J.
The plaintiff in error was indicted for erecting an impediment across a public road. The indictment contains five counts, to each of wbicb there was a demurrer.
It is argued in this court that the fourth count in the indictment is bad, as confounding different clauses of the same section in the statute, and treating them as equivalent, when they are totally distinct. By an examination of the statute in connection with the count, we do not think the objection is well founded. The statute enacts, that “ if any person shall erect, or cause to be erected, across any public road, a fence, bar, or…
2Cases cited1 opinion
- The Emily and the CarolineSupreme Court of the United States · 1824
3Cited by46 opinions
- City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
- State Farm Automobile Insurance Co. v. ReavesSupreme Court of Alabama · 1974
- Abramson v. HardSupreme Court of Alabama · 1934
- Department of Industrial Relations v. DrummondAlabama Court of Appeals · 1941
- Alabama State Board of Health ex rel. Baxley v. Chambers CountySupreme Court of Alabama · 1976
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