Lamar v. Commissioners' Court of Marshall County
Supreme Court of Alabama
Ebrob to tbe Circuit Court of Marshall. Tried before tbe Hon. Geo. D. Shortridge. James Lamar, tbe plaintiff in error, petitioned tbe Circuit Court for a certiorari to revise certain proceedings bad before tbe Commissioners’ Court of Marshall county, in the rejection of his petition seeking to be recognized as tbe owner and proprietor of tbe ferry at Gunter’s Landing, and to be let in. to tbe enjoyment of tbe franchise, on filing bis bond, according to tbe statute in such…
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Ebrob to tbe Circuit Court of Marshall. Tried before tbe Hon. Geo. D. Shortridge. James Lamar, tbe plaintiff in error, petitioned tbe Circuit Court for a certiorari to revise certain proceedings bad before tbe Commissioners’ Court of Marshall county, in the rejection of his petition seeking to be recognized as tbe owner and proprietor of tbe ferry at Gunter’s Landing, and to be let in. to tbe enjoyment of tbe franchise, on filing bis bond, according to tbe statute in such case made and provided. In bis petition to tbe said Commissioners’ Court, tbe petitioner sets out bis claim, as being…
1Opinion of the CourtGrIBBONS, J.
— It is essential to the validity of all judgments or decrees, that they should be rendered by tribunals possessing the proper jurisdiction. The elements of this jurisdiction are two-fold: first, of the subject-matter adjudged; and secondly, of the parties whose rights are affected by such judgment or decree. The former of these the court acquires by the act of its creation, and possesses inherently by its constitution ; the latter it acquires by its own acts, through the medium of its process and its officers. Anj^ judgment or decree of any court, which shows upon its face a want of…
2Cases cited1 opinion
- Garrett v. RickettsSupreme Court of Alabama · 1846
3Cited by28 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Bland v. BowieSupreme Court of Alabama · 1875
- Ex parte HarrisSupreme Court of Alabama · 1875
- Sherrod v. StateSupreme Court of Alabama · 1916
- Ex parte GarlandSupreme Court of Alabama · 1868
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