Louisville & Nashville Railroad v. Grant
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by J. J. Grant, a passenger,- against tbe L. & N. R. R. Co., for damages received while alighting from defendant’s train. From a judgment for plaintiff defendant appeals. The judgment is void because rendered at a term of the court.held not authorized by law.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by J. J. Grant, a passenger,- against tbe L. & N. R. R. Co., for damages received while alighting from defendant’s train. From a judgment for plaintiff defendant appeals. The judgment is void because rendered at a term of the court.held not authorized by law. The act to amend sections 897 and 911 of the Code 1896, Acts 1907, p. 367, is violative of article 4, sec. 44, Constitution 1901. The court should have been held at the time fixed by Acts 1907, p. 193. — Kidd v, Burt, 143 Ala. 625. No brief came to the Reporter.
1Opinion of the CourtDenson, J.
— Section 897 of the Code relates only to a division of the State into judicial circuits, and bv it the state is divided into thirteen judicial circuits. Section 911 of the Code fixes the times and places of holding the circuit court in the Thirteenth Judicial Circuit, and refers to nothing else.
*114At the first session of the Legislature which convened in 1907, an act was passed, entitled; “An Act to amend Sections 897 and 911 of Chapter 19, Article 1, of the Code of Alabama.” This act was approved on the 6th day of March, 1907, and may be found at page 367 of the General Acts. By this act…
2Cases cited2 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Kidd v. BurkeSupreme Court of Alabama · 1904
3Cited by16 opinions
- State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
- Cobbs v. NorvilleSupreme Court of Alabama · 1933
- Pickens v. ClarkSupreme Court of Alabama · 1919
- Patton v. StateSupreme Court of Alabama · 1909
- State Ex Rel. Harrington v. RandleSupreme Court of Alabama · 1948
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