Balkum v. State
Supreme Court of Alabama
From the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This case originated in the county court, on the affidavit of Wiley Ward, charging that, “on the 20th December, 1866, Alexander Balkum did assault him with a stick”; and the judge of the county court thereupon issued his warrant for the arrest of the defendant, addressed to any constable. The record does not show what proceedings were had in the county court.
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From the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This case originated in the county court, on the affidavit of Wiley Ward, charging that, “on the 20th December, 1866, Alexander Balkum did assault him with a stick”; and the judge of the county court thereupon issued his warrant for the arrest of the defendant, addressed to any constable. The record does not show what proceedings were had in the county court. The bill of exceptions states, that the cause was sent up to the circuit court on appeal, and was tried upon the following complaint: “ State of Alabama,) In the…
1Opinion of the CourtJudge, J.
A constitutional question is presented in this case — viz., that the legislature had not the power to establish a county court in the several counties in this State, and make the judges of probate ex officio judges of said courts; and that the county courts thus established, being independent courts of inferior jurisdiction, can be presided over by none other than separate judges elected for that purpose. ,
This question has been, in effect, decided at the present *676terra of this court. A county court, of different powers and jurisdiction from the county courts as now existing, was established…
2Cases cited2 opinions
- Johnson v. StateSupreme Court of Alabama · 1860
- Keefe v. StateSupreme Court of Arkansas · 1857
3Cited by10 opinions
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
- Chapman v. StateSupreme Court of Alabama · 1885
- Hutchins v. City of Des MoinesSupreme Court of Iowa · 1916
- Moore v. StateSupreme Court of Alabama · 1880
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