Legal Opinion

State v. Bell

Supreme Court of Alabama

Decided June 15, 1837PublishedCited by 3 opinions

On points reserved from the Circuit Court of Sumter county. The record in this case showed, that at the October term, eighteen hundred and thirty-six, of the Circuit Court of Sumter, an indictment was found by the grand jurors of that county, against Robert Bell, in the following terms.

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On points reserved from the Circuit Court of Sumter county. The record in this case showed, that at the October term, eighteen hundred and thirty-six, of the Circuit Court of Sumter, an indictment was found by the grand jurors of that county, against Robert Bell, in the following terms. “The grand jurors of the State of Alabama, elected, sworn and charged to enquire for the body of the county of Sumter, in said State, upon their oaths present, that the river Sucarnochee, — that is to say, a certain part of the said river, lying and being in the county of Sumter aforesaid, is, and from the…

1Opinion of the Court

GOLDTHWAITE, J,

On the trial of this case in the Circuit Court of Sumter county, several questions were reserved by the presiding Judge, for the consideration of this Court, which will be examined in the order they are placed in the record.

First, — It is insisted that the Circuit Court of Sumter, has no jurisdiction of the particular offence; because the Judge of the County Court, is author-ised by the terms of a private act of the Legislature to remove the nuisance complained of. The act referred to by its first section, “authorises Richard and Stephen Yarborough to erect a saw and grist…

2Cases cited1 opinion

  1. Hamner v. EddinsSupreme Court of Alabama · 1830

3Cited by3 opinions

  1. Adler & Co. v. PruittSupreme Court of Alabama · 1910
  2. Amos v. StateSupreme Court of Alabama · 1883
  3. Reese v. StateSupreme Court of Alabama · 1882

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