Commissioners' Court v. Thompson
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. The Commissioners’ Court of Revenue and Roads for the county of Talladega, on the petition of sundry citizens, passed an order for the establishment of a road, a portion of which ran through the lands of the defendant in error.
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Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. The Commissioners’ Court of Revenue and Roads for the county of Talladega, on the petition of sundry citizens, passed an order for the establishment of a road, a portion of which ran through the lands of the defendant in error. The defendant in error took the case by certiorari to the Circuit Court, where the order establishing the road was quashed, on the ground that the Commissioners’ Court had no jurisdiction in the premises, the record not showing that the road lay within the limits of Talladega county. The…
1Opinion of the CourtChilton, J.
In a case between these parties, reported in 15 Ala. 134, we held, that the record of a court of limited jurisdiction should contain every fact essential to the validity of its judgment, and, as in that case the record failed to disclose that thirty day’s notice had been given, as the statute required, of the application to be made for the establishment of the road, the proceedings of the court establishing it were adjudged bad, and properly quashed.
The genral rule in respect to the jurisdiction of courts seems to be, “that nothing shall be intended to be out of the jurisdiction of a superior…
2Cases cited4 opinions
- Turner, Administrator of Stanley, in Error v. The President, Directors and Company of the Bank of North AmericaSupreme Court of the United States · 1799
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Taliferro v. BassettSupreme Court of Alabama · 1842
- Key v. VaughnSupreme Court of Alabama · 1849
3Cited by16 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- Rash v. AllenSuperior Court of Delaware · 1910
- Miller v. ThompsonSupreme Court of Alabama · 1923
- Fowler v. FowlerSupreme Court of Alabama · 1929
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