Monroe v. Brady
Supreme Court of Alabama
Writ of error to the Circuit Court of Mobile. Ok the 18th of April, 1842, the defendant in error exhibited his libel in nature of a proceeding in admiralty, before a justice of the peace of Mobile, praying that process might issue according to the statute of the 10th of December, 1841, againt the steamboat Caroline, her tackle, apparel and furniture, and that all persons having, or pretending to have any right, title, or interest to the same, may be summoned, &c.
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Writ of error to the Circuit Court of Mobile. Ok the 18th of April, 1842, the defendant in error exhibited his libel in nature of a proceeding in admiralty, before a justice of the peace of Mobile, praying that process might issue according to the statute of the 10th of December, 1841, againt the steamboat Caroline, her tackle, apparel and furniture, and that all persons having, or pretending to have any right, title, or interest to the same, may be summoned, &c. The ground of complaint is thus pronounced, viz : “ That the said steamboat is now navigating the waters of this State and within…
1Opinion of the CourtGoldthwaite, J.
— 1. The objection to the proceedings, that the justice determined the case in the city of Mobile, when he was elected for a beat without the corporate limits, is in effect asserting that the trial was had before a person who was entirely unauthorized to act; conceding to this objection its most imposing aspect, we do not think this question can be raised in this way. If the justice was unauthorized to act in the premises he was a trespasser, and as such is liable to the party for his illegal act; but by the appeal the judicial character of the justice is admitted, inasmuch as it establishes…
2Cases cited1 opinion
- Witherspoon v. WallisSupreme Court of Alabama · 1841
3Cited by1 opinion
- Hagan v. Riddle Co.Supreme Court of Alabama · 1923